Madras High CourtCRL OP(MD)/17336/2015allowed

Arumugam v. The Sub 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.17336 of 2015 1 ARUMUGAM 2 BALA SUBRAMANIYAN 3 CHANDRA 4 PACKIYALAKSHMI ..PETITIONERS/ACCUSED 1 TO 4 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE AMATHUR POLICE STATION VIRUDHUNAGAR DISTRICT.

CRIME NO.287 OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S A.P.MUTHU PANDIAN Advocate For Respondent : M/s.S.PRABHA, Government 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, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b) and 506(ii) of the Indian Penal Code in Crime No.287 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 entered into the Jasmine field and attacked the defacto complainant.

3. The learned counsel for the petitioners submitted that the defacto complainant is a land grabber and a suit in O.S.No.345 of 2006 is pending on the file of the District Munsif Court, Virudhunagar, which was filed by the father of the petitioners 1 and 2 and suppressing the earlier suit, the defacto complainant filed O.S.No.134 of 2015 and obtained an interim order. It is further submitted that the land grabbing case is also registered against the defacto complainant.

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

5. 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.II, Virudhunagar 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 conditions stipulated under Section 438 Cr.P.C. scrupulously.

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6. 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 (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE DISTRICT MUNSIF, VIRUDHUNAGAR.

4 THE SUB INSPECTOR OF POLICE, AMATHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

5 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. +1. CC to M/S A.P.MUTHU PANDIAN Advocate SR.No.52230 ORDER IN CRL OP(MD) No.17336 of 2015 Date :07/09/2015 PBK/GSV-PM/SAR-II 09/09/2015 ::2P-7C::

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