Rajesh v. The 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.19010 of 2015 1 RAJESH 2 ARUN 3 RAMAN ... PETITIONERS / ACCUSED No.1 to 3 Vs State through THE INSPECTOR OF POLICE NILAKKOTTAI POLICE STATION, DINDIGUL DISTRICT. CR. NO.294/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.PRABHU 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 to A3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 294(b), 324, 452 and 307 of IPC, in Crime No.294 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to money dispute between the accused and the de-facto complainant, on 29.07.2015 there was a wordy quarrel between the accused and the de-facto complainant, in which the accused attacked the de-facto complainant with iron rod and caused injuries.

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. The learned counsel further submitted that the accused and the de-facto complainant are related to each other and due to family dispute between them, this false case has been foisted against the petitioners.

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

5.Considering the 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.

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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, Nilakottai, Dindigul 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 daily at 10.00 a.m., until further orders. 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/- 01/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE NILAKKOTTAI POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.PRABHU Advocate SR.No.58204 sm:NGM-SS:SAR I:07.10.2015:2P/6c

ORDER

IN CRL OP(MD) No.19010 of 2015 Date :01/10/2015 https://hcservices.ecourts.gov.in/hcservices/