S. Vellaidurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5020 of 2018 1 S. VELLAIDURAI 2 KARUPPAYI 3 V. SURESH 4 V. KAVIYARASU ... PETITIONER(S) / ACCUSED No. 1 to 4 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, SIVAGIRI TALUK, TIRUNELVELI DISTRICT, IN CR.NO. 102/2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.BASKAR Advocate For Respondent : M/S. A.P.G.OHM CHAIRMA PRABHU, 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 accused Nos.1 to 4, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 323, 294 (b) and 506(ii) IPC r/w 4 of TNPWH Act in Crime No.102 of 2018 on the file of the respondent police, seek anticipatory bail.

2.There was some wordy quarrel with regard to collecting hay from the land between the defacto complainant and the petitioners herein. On 26.03.2018, when the defacto complainant came to the spot and had prevented the petitioners from collecting hay as their share as per the oral agreement of their family. The petitioners have attacked the defacto complainant Samuthirakkani W/o.Kannan. In view of the above, the present case has been registered against the petitioners.

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3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they were falsely implicated in this case.

4.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sivagiri, Tirunelveli District and on their 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 conditions stipulated under Section 438 Cr.P.C. Scrupulously. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI, TIRUNELVELI DISTRICT.

2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, SIVAGIRI TALUK, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.BASKAR Advocate SR.No.5236.

ORDER

IN CRL OP(MD) No.5020 of 2018 Date :02/04/2018 SDS/CM:VR/SAR.1/05.04.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/