Indrani v. State Thr The Ins Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16714 of 2015 1 INDRANI 2 BALU ... PETITIONERS/ ACCUSED NO.5 AND 7 Vs STATE THROUGH THE THE INSPECTOR OF POLICE S.S COLONY POLICE STATION MFADURAI DISTRICT.

(IN CRIME NO 737 OF 2015) ... RESPONDENT/ INVESTIGATION AGENCY For Petitioner : M/S R.RAJAMOHAN Advocate For Respondent : MS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A5 and A7 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 294(b), 323, 427, 448 and 506(i) of IPC, in Crime No.737 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity with regard to civil dispute, the accused trespassed into the property of the de-facto complainant and abused the de-facto complainant with filthy language, assaulted him and also threatened the de-facto complainant with dire consequences.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The learned counsel further submitted that A1 and A2 were arrested and released on bail by the lower court and A3, A4, A6 and A8 were enlarged on anticipatory bail by this court in Crl.O.P(MD)No.16052 of 2015, dated 21.08.2015. 4.The learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the above facts and circumstances of the case this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.V, Madurai and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 28/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE NO.V, MADURAI.

DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. STATE THR THE INS POLICE, S.S COLONY POLICE STATION, MFADURAI THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.RAJAMOHAN Advocate SR.No.49808

ORDER

IN CRL OP(MD) No.16714 of 2015 Date :28/08/2015 NS/JGB-DP/LIB/03.09.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/