Rajan v. The Insepector Of Police

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.19216 of 2015 1 RAJAN 2 MAHESH ... PETITIONERS 1&2/ACCUSED NOS.3&4 Vs STATE REP BY THE INSEPECTOR OF POLICE PUTHUKKADAI POLICE STATION, KANYAKUMARI DISTRICT, (CRIME NO.440 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.R.SREENIVASAN 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 A3 and A4 apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 147,294(b),353 and 506(ii) of IPC in Crime No.440 of 2015, on the file of the respondent police, seeks anticipatory bail.

2. According to the de facto complainant that he is working as a Head Constable and on 30.09.2015, when he was posted for banthabosth, the accused prevented him from discharging his initial duty and also abused in filthy language.

3. The learned counsel for the petitioners submitted that there are 14 accused are involved in this case. It is further submitted that due to difference of opinion in conducting a festival in Church, a peace committee was formed and there was some exchange of words among the members, for which a false complaint given by the de facto complainant.

4. The learned Government Advocate (Crl. Side) submitted that A13 was already arrested and remanded to judicial custody. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, 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-II, Kuzhithurai 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 am for a period of two weeks and thereafter, 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 NO.II, KUZHITHURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSEPECTOR OF POLICE PUTHUKKADAI POLICE STATION, KANYAKUMARI DISTRICT, +1. CC to M/S M.R.SREENIVASAN Advocate SR.No.58709 RL/6 C- 7/10/2015

ORDER

IN CRL OP(MD) No.19216 of 2015 Date :06/10/2015 https://hcservices.ecourts.gov.in/hcservices/