Madras High CourtCRL OP(MD)/17989/2015allowed

Philominal v. The Inspector Of Police

2015-09-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17989 of 2015 1 PHILOMINAL 2 CHINNAPPAN ... PETITIONERS / ACCUSED Nos. 1 & 2 Vs State Rep.by THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, DEVAKOTTAI,SIVAGANGAI DISTRICT.

(CRIME NO. 281 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S G.THIRUVARUTSELVAN 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 A1 and A2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(ii) of I.P.C. in Crime No.281 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that on 22.06.2015 the de-facto complainant was attacked by the accused with wooden stick 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.

4.The learned Government Advocate (Crl.side) submitted that the injured sustained simple injury in the alleged occurrence.

5. Considering the facts and circumstances of the case, 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, Devakottai 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 condition stipulated under Section 438 Cr.P.C. scrupulously.

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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/- 16/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, DEVAKOTTAI,SIVAGANGAI DISTRICT.

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

+1. CC to M/S G.THIRUVARUTSELVAN Advocate SR.No.55474 sm:NGM:22.09.2015:2P/6c

ORDER

IN CRL OP(MD) No.17989 of 2015 Date :16/09/2015 https://hcservices.ecourts.gov.in/hcservices/