Selvakalaiyarasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of October Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.20065 of 2015 1 SELVAKALAIYARASU 2 ALAGAMMAL 3 ISAKKIAPPAN ... PETITIONERS/ACCUSED NOS.1 TO 3 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, TUTICORIN DISTRICT.

(CRIME NO. NOT KNOWN OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.VADIVELAN Advocate For Respondent : M/S.S.PRABHA,Govt. Advocate ( Crl. Side) FOR INTERVENOR : M/S.SANKARASUBRAMANIAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 to A3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 448 and 506(ii) of I.P.C., in Crime No.483 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that due to family dispute on 25.09.2015, at 10.00 p.m., the accused tresspassed into the house of the de-facto complainant, using filthy language and also tried to attack her with wooden log.

3.The learned counsel for the petitioners submitted that the de-facto complainant is none other than the brother of the first accused and other accused are wife and son of the first accused. It is further submitted that due to boundary dispute, they have falsely implicated in this case. 4.The learned counsel for the intervenor vehemently opposed the bail petition contending that the accused caused grievous injuries to the defacto complainant and further submitted that the matter could not be settled before the Mediation.

https://hcservices.ecourts.gov.in/hcservices/ 5.Heard the learned Government Advocate (Crl.side) appearing for the State.

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Shathankulam 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 first petitioner shall appear before the respondent police dailt at 10.00 a.m., until further orders and the second and third petitioners 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.

8. 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/- 30/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SHATHANKULAM

2. THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN DISTIRCT

3. THE INSPECTOR OF POLICE,SATHANKULAM POLICE STATION, TUTICORIN DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI +1. CC to M/S T.VADIVELAN Advocate SR.No.64509

ORDER

IN CRL OP(MD) No.20065 of 2015 Date :30/10/2015 GJM/ARK/SARII-6.11.2015-2P-6c https://hcservices.ecourts.gov.in/hcservices/