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Madras High CourtCRL OP(MD)/19551/2015allowed

A. Murugan v. The Inspector Of Police

2015-10-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19551 of 2015 1 A. MURUGAN 2 MARI 3 S. MARI 4 PERUMAL ... PETITIONERS/ACCUSED NO.1 TO 3 & 6 Vs THE STATE REP. BY THE INSPECTOR OF POLICE PUDUKKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO. 269/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S G.THALAIMUTHARASU Advocate For Respondent : MS.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 Nos.1 to 3 and 6, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 324, 307 and 379 of I.P.C., in Crime No.269 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The prosecution case is that the de-facto complainant is an office bearer of Marxist Communist Part of India and they were conducting agitations against the land grabbers. While so, on 03.10.2015 at 6.00 a.m., when the de-facto complainant was sitting near a public tank, the accused attacked him with wooden log and also taken away Rs.80/- and a mobile phone from the de-facto complainant.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely roped in this case due to political vendetta.

4. The learned Government Advocate (Crl.side) submitted that the victim has sustained simple injury and the petitioners have no previous case.

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5. Considering the facts, this Court is not 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 their arrest or on their appearance before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate No.I, Thoothukudi and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 as and when required. 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/- 15/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE INSPECTOR OF POLICE PUDUKKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S G.THALAIMUTHARASU Advocate SR.No.61506

ORDER

IN CRL OP(MD) No.19551 of 2015 Date :15/10/2015 NS/JGB/SAR I/28.10.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/