Madras High CourtCRL OP(MD)/19197/2015granted

Velusamy v. The Inspector Of Police

2015-10-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19197 of 2015 VELUSAMY ..PETITIONER/5th ACCUSED Vs.

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

(CRIME NO. 345 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S D.VENKATESH 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 petitioner, who is arrayed as A5 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 294(b), 324, 307 and 506(ii) of IPC, in Crime No.345 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the accused and the de-facto complainant, on 27.09.2015 the accused attacked the de-facto complainant and his wife with legal weapons, thereby caused injuries and also threatened the de-facto complainant with dire consequences.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that the petitioner and others were attacked by the de-facto complainant and 3 others, for which a case in Crime No.346 of 2015 stands registered against them and it is a case of case and counter. It is further submitted that A1 and A6 were arrested and released on bail by the Sessions Court, Tirunelveli in Crl.M.P.No.6040 of 2015. 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been discharged from the hospital.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.V, Tirunelveli and on his 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 https://hcservices.ecourts.gov.in/hcservices/

further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner 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/- 12/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI. 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, MANOOR POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S D.VENKATESH Advocate SR.No.60735 ORDER IN CRL OP(MD) No.19197 of 2015 Date :12/10/2015 PBK/KBM/SAR-I 15/10/2015 ::2P-6C::

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