M. Pandidurai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of October Two Thousand Fourteen PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.19441 of 2014 1 M.PANDIDURAI 2 S.MARIMUTHU 3 P.CHELLAPANDI 4 S.MUTHU ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE.REP.BY THE INSPECTOR OF POLICE VICKRAMASINGAPURAM POLICE STATION, TIRUNELVELI DT, CRIME NO.243/2014 ... RESPONDENT/COMPLAINANT For Petitioner : MR.V.KATHIRVELU,Senior Counsel for M/S.K.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 are arrayed as Accused and they apprehend arrest at the hands of the respondent police for the the alleged offence punishable under Sections 120(b), 323, 324 and 307 of I.P.C., in Crime No.243 of 2014 on the file of the respondent police and hence, seek anticipatory bail.
2. The learned counsel for the petitioners would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the alleged occurrence is said to have been taken place on 10.09.2014 and the injured has been discharged from the hospital on 27.09.2014 and co-accused was arrested and enlarged on bail and the investigation is considerably over and hence, he prays for enlargement on anticipatory bail to the petitioners. 3.The learned Government Advocate (criminal side) would submit that the alleged occurrence is said to have been taken place on 10.09.2014 and the injured has been discharged from the hospital on https://hcservices.ecourts.gov.in/hcservices/ 27.09.2014 and co-accused was arrested and enlarged on bail. She further submit that even though the injured has been discharged from the
hospital, since the investigation is going on, she prays for dismissal of this application.
4. Considering the rival submissions made by both sides and considering the fact that the injured has been discharged from the hospital on 27.09.2014 and the co-accused has also been enlarged on bail and even though the occurrence has been taken place on 10.09.2014, the petitioners were not yet arrested and neither they interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on anticipatory bail, in the event of his arrest or on his appearance before the learned Judicial Magistrate, Ambasamudram, 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 learned Judicial Magistrate concerned daily at 10.30 a.m. until further orders. 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/- 29/10/2014 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE,AMBASAMUDRAM.
2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE VICKRAMASINGAPURAM POLICE STATION,TIRUNELVELI DT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.K.PRABHU Advocate SR.No.58216 ORDER IN CRL OP(MD) No.19441 of 2014 Date :29/10/2014 PA/30.10.2014/2P/6C https://hcservices.ecourts.gov.in/hcservices/