Thavamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17426 of 2015 1 THAVAMANI 2 PITCHAIMUTHU 3 KARUTHAPILLAI @ KARUTHAMMAL 4 MANI @ MENAGA ... PETITIONERS / ACCUSED NO.1 - 4 Vs THE STATE REP.B Y THE INSPECTOR OF POLICE VIKKRIAMANGALAM POLICE STATION, MADURAI DISTRICT (CRIME NO.108 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.SOLAISAMY Advocate For Respondent : M/S.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 A1 to A4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323 and 506(i) of IPC, in Crime No.108 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 taking of water at the public tap, on 30.08.2015 there was a wordy quarrel between the accused and the de-facto complainant, in which the accused abused the de-facto complainant with filthy language, attacked 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.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been discharged from the hospital.

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5.Considering the above facts and circumstances of the case and also considering the fact that the injured has 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 No.II, Usilampatti 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 1 and 2 shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required for interrogation and the petitioners 3 and 4 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/- 08/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI 2.THE CHIEF JUDICIAL MAGISTRATE MADURAI.

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

4.THE INSPECTOR OF POLICE VIKKRIAMANGALAM POLICE STATION, MADURAI DISTRICT.

+1. CC to M/S M.SOLAISAMY Advocate SR.No.53016

ORDER

IN CRL OP(MD) No.17426 of 2015 Date :08/09/2015 RG.10.09.2015/AAL/MPA/SAR-II 2P/6C.

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