Selvaraj v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19902 of 2015 1 SELVARAJ 2 PALANIAMMAL ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE REP. BY THE INSEPECTOR OF POLICE, PUTHANATHAM POLICE STATION, PUTHANATHAM, TRICHY DISTRICT, (CRIME NO NOT KNOWN OF 2015) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S A.JOEL PAUL ANTONY 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, who are arrayed as A1 and A2 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323 and 506(ii) of IPC in Crime No.

248 of 2015 and hence, seek anticipatory bail. 2.The case of the prosecution is that on 11.10.2015 at 9.00 p.m. due to previous enemity, the first accused has bite the finger of the daughter of the defacto complainant and caused injury and when this was questioned,the first accused threatened with dire consequences.

3.The learned counsel for the Petitioners submit that both the Petitioners are husband and wife and defacto complainant is none other than the Petitioners brother's wife. It is further submitted that due to family dispute, they have falsely implicated in this case.

4.The learned Government Advocate(Crl.Side) would submit that the first accused and the husband of the defacto complainant were convicted for the offence under section 302 of IPC for murdering their own father and after release, due to family dispute, the accused committed the offence.

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5.Considering the facts and circumstances of the case stated above, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate,Manapparai and on 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 to the learned Magistrate concerned and on further condition that the first petitioner shall appear before the respondent police daily at 10.30 A.m for a period of two weeks and thereafter as and when required and the second petitioner 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/- 16/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MANAPPARAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSEPECTOR OF POLICE, PUTHANATHAM POLICE STATION, PUTHANATHAM, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.19902 of 2015 Date :16/10/2015 2P/5C TE/AN/SAR-II : 26/10/2015 https://hcservices.ecourts.gov.in/hcservices/