Balasuresh v. State Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17128 and 17502 of 2015 BALASURESH ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD) No.17128 ANANDAKUMAR ... PETITIONER/SOLE ACCUSED IN CRL OP(MD) No.17502 Vs STATE REP BY THE INSPECTOR OF POLICE, PANAKUDI POLICE STATION, TIRUNELVELI DISTRICT CRIME NO.344 OF 2015 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S M.SARAVANAN ADVOCATE IN CRL OP(MD) No.17128 FOR PETITIONER : M/S.PALANI VELAYUTHAM ADVOCATE IN CRL OP(MD) No.17502 FOR RESPONDENT : MRS.S.PRABHA, GOVERNMENT ADVOCATE (CRL.SIDE) IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b) 323, 307 and 506(i) of I.P.C., in Crime No.344 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that on 27.08.2015 the petitioners along with others assaulted the de-facto complainant and caused injuries.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

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4. The learned Government Advocate (Crl.side) would submit that the injured had been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the injured had been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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, Valliyoor, Tirunelveli District 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 daily at 06.00 p.m., until further orders. 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/- 14/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, VALLIYOOR.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, PANAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

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

+ 1 CC to M/S R.J.KARTHICK Advocate SR.No. 54254 + 1 CC TO MR.S.PALANIVELAYUTHAM, ADVOCATE IN SR NO. 54485

ORDER

IN CRL OP(MD) No.17128 of 2015 Date :14/09/2015 2P/7C TE/JGB-DP/ 21/09/2015 https://hcservices.ecourts.gov.in/hcservices/