Madras High CourtCRL OP(MD)/19077/2015allowed

S. Stephan v. The Insepector Of Police

2015-10-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19077 of 2015 1 S.STEPHAN 2 S.SAHAYAM 3 A.ANISTON 4 JUSTIN 5 A.TITUS 6 ALPHONESE ..PETITIONERS/ACCUSED 1 to 6 Vs.

STATE REP.BY THE INSEPECTOR OF POLICE ALLWARTHIRUNAGARI POLICE STATION, THOOTHUKUDI DISTRICT.

CR.NO.206 OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S N.ANANDAKUMAR Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) For Intervenor : Mr.VAIGUNTH, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 6, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 342, 323, 447, 211, 506(ii) of IPC and Section 120(b) of IPC, in Crime No.206 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that due to election motive, the petitioners have trespassed into the house of the defacto complainant and threatened him.

3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and pray for anticipatory bail in favour of the petitioners. 4.Mr.Vaigunth, learned counsel appearing for the intervenor vehemently opposed the granting of anticipatory bail to the petitioners. 5.Heard the learned Government Advocate (Crl.Side) appearing for the respondents.

6.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, Srivaigundam 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. https://hcservices.ecourts.gov.in/hcservices/

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/- 05/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SRIVAIGUNDAM, THOOTHUKUDI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSEPECTOR OF POLICE,ALLWARTHIRUNAGARI POLICE STATION, THOOTHUKUDI DISTRICT.

+1. CC to M/S N.ANANDAKUMAR Advocate SR.No.58796 ORDER IN CRL OP(MD) No.19077 of 2015 Date :05/10/2015 PBK/SK-SKN/SAR-II 07/10/2015 ::2P-6C::

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