Madras High CourtCRL OP(MD)/20276/2015allowed

Subbiah Pillai v. The Inspector Of Police

2015-10-26Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20276 of 2015 1 SUBBIAH PILLAI 2 SHANMUGATHAMMAL 3 MUTHU RAKKU @ THANGA PONNU ... PETITIONERS/ACCUSED No.2 to 4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THATTAPARAI POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

(CRIME NO. 137 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.THIRUVADI KUMAR 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 accused Nos.2 to 4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.137 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the accused have assaulted the de-facto complainant demanding withdrawal of earlier complaint filed in Crime No.123 of 2015.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and the co-accused viz., A1 was already granted anticipatory bail by this Court in Crl.O.P.(MD).No.17453 of 2015 dated 09.09.2015.

4. Considering the facts, this Court is 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 Magistrate No.I, Thoothukudi, Thoothukudi District 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.

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5. 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/- 26/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.1 THOOTHUKUDI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE THATTAPARAI POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S A.THIRUVADI KUMAR Advocate SR.No.62420.

ORDER

IN CRL OP(MD) No.20276 of 2015 Date :26/10/2015 AM/30.10.2015/KBM/SAR-1/2P/6C https://hcservices.ecourts.gov.in/hcservices/