Madras High CourtCRL OP(MD)/18210/2015allowed

Prakash Britto v. The Inspector Of Police

2015-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18210 of 2015 1 PRAKASH BRITTO 2 SAMUTRAPANDI ..PETITIONERS/ACCUSED 1 & 2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE SERNTHAMARAM POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 299/2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.SUKUMAR 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 A1 and A2 in Crime No.299 of 2015, apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 114, 294(b), 353, 358 and 506(ii) of IPC, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel, the petitioners have attacked the de facto complainant and threatened him with dire consequences.

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

4. The learned counsel Government Advocate (Crl. Side) submitted that no one has sustained injury. It is further submitted that the petitioner is having one previous case.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Tenkasi, Thirunelveli 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, as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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/- 21/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/

TO 1 THE JUDICIAL MAGISTRATE, TENKASI, TIRUNELVELI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, SERNTHAMARAM POLICE STATION, TIRUNELVELI DISTRICT.

+1. CC to M/S.S.SUKUMAR Advocate SR.No.56056 ORDER IN CRL OP(MD) No.18210 of 2015 Date :21/09/2015 PBK/AAL-MPA/SAR-I 23/09/2015 ::2P-6C::

https://hcservices.ecourts.gov.in/hcservices/