Madras High CourtCRL OP(MD)/17332/2015allowed

Mariappan v. The Inspector Of Police

2015-09-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17332 of 2015 1 MARIAPPAN 2 SHENBAGAM ..PETITIONERS/ACCUSED 1 & 2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE COURTALAM POLICE STATION TIRUNELVELI DISTRICT CRIME NO 317 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioners : M/S M.SARAVANAN Advocate For Respondent : MRS.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 Accused Nos.1 & 2, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 447, 294(b), 323, 324 and 506(ii) of the Indian Penal Code and also under Section 4 of TNPWH Act in Crime No.317 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute, the petitioners threatened the defacto complainant with dire consequences and abused her in filthy language and assaulted her with their hands.

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

4. The learned Government Advocate (Criminal Side) submitted that the injured person had already been discharged from the hospital.

5. Considering the submission made by the learned Government Advocate (Crl.side) and also considering the fact that the injured person had already been discharged from the hospital, 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, Shencottai 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 first petitioner shall appear before the respondent police daily at 10.00 a.m.,until further orders and the second petitioner 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.

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/- 07/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE SHENCOTTAI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI.

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

4 THE INSPECTOR OF POLICE COURTALAM POLICE STATION TIRUNELVELI DISTRICT +1. CC to M/S M.SARAVANAN Advocate SR.No.52252 Akm/09.09.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.17332 of 2015 Date :07/09/2015 https://hcservices.ecourts.gov.in/hcservices/