P. Roshan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18549 of 2015 1 P. ROSHAN 2 P.CHANDRDA SEKAR 3 P. KUMAR ... PETITIONERS/ACCUSED 1 to 3 Vs STATE REP BY THE SUB INSPECTOR OF POLICE UTHAPANAYAKANOOR, MADURAI DISTRICT, CRIME NO.188/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.R.LAXMAN 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 apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Section 294(b), 323, 354, 452, 506(ii) IPC and Section 4 of Woman Harassment Act, in Crime No.188 of 2015 on the file of the respondent Police and hence, seek anticipatory bail. 2.According to the de facto complainant, due to a civil dispute, the petitioners had trespassed and assaulted the de facto complainant.

3.The learned counsel for the petitioners submitted that the property in dispute was purchased by the third petitioner, in which the de facto complainant claims right over the property. However, the accused Nos.1 and 2 who are the brothers of the third petitioner, have unnecessarily roped in this case as they are Government servants.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that this is a case of case and counter and injured has already been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners,

with certain conditions. 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 3rd petitioner shall appear before the respondent police daily at 10 am until further orders and the petitioners 1 and 2 shall appear before the respondent Police as and when required. 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/- 01/10/2015 / 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 SUB INSPECTOR OF POLICE, UTHAPANAYAKANOOR,MADURAI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18549 of 2015 Date :01/10/2015 AA/JGB/07.10.2015/2p-5c https://hcservices.ecourts.gov.in/hcservices/