Madras High CourtCRL OP(MD)/19199/2015ordered

Chinnappan@Kalimuthu v. The Inspector Of Police

2015-10-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19199 of 2015 1 CHINNAPPAN@KALIMUTHU 2 MANIMEGALAI 3 KARUPPAN 4 NILAIAMMAL ... PETITIONER / ACCUSED NO.1,2,5 & 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE CHATHIRAPATTI POLICE STATION, DINDIGUL DISTRICT.

IN (CRIME NO. 289 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.D.GANESHAMOORTHI Advocate For Respondent : M/S.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 an alleged offence punishable under Sections 147,148,294(b),324 and 506(ii) of IPC in Crime No.289 of 2015, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to land dispute between the petitioners and the de fact complainant, they attacked each other. This is the case and counter case.

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 Government Advocate (Crl. Side) would submit that the injured has already been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, I am 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, Ottanchathiram, Dindigul https://hcservices.ecourts.gov.in/hcservices/

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 1 and 3 shall appear before the respondent police daily at 10.00 am for a period of two weeks and thereafter, as and when required for interrogation and the petitioners 2 and 4 are being ladies 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/- 06/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, OTTANCHATHIRAM, DINDIGUL.

2 THE CHIEF JUDICIAL MAGISTRATE DINDIGUL.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE CHATHIRAPATTI POLICE STATION, DINDIGUL DISTRICT.

+1. CC to M/S A.D.GANESHAMOORTHI Advocate SR.No.58744

ORDER

IN CRL OP(MD) No.19199 of 2015 Date :06/10/2015 rg.07.10.2015/SK/SKN/ SAR-I 2P/6C.

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