Valliyathal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20410 of 2015 1 VALLIYATHAL 2 MARIMUTHU ... PETITIONERS/1st&2nd ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE KEERANUR POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO. 314 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S D.VENKATESH Advocate For Respondent : M/S.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, apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Sections 341, 294(b), 323 and 506(i) IPC in Crime No.314 of 2015 on the file of the respondent Police and hence, seek anticipatory bail.

2.The case of the prosecution is that the 1st petitioner is the owner of a Tractor and the 2nd petitioner is the driver of the said Tractor and when the 1st petitioner gave the tractor to the de facto complainant for rent, there was a dispute arose with regard to paying rent and hence, the accused attacked the de facto complainant and threatened him with dire consequence.

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

4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that it is a case of case in counter and the injured has already been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case, 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 arrest or on their appearance before the learned Judicial Magistrate, Palani, 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 2nd petitioner shall appear before the respondent police daily at 10.00 am for a period of one week and the 1st petitioner 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 Court 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/- 27/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PALANI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4.THE INSPECTOR OF POLICE KEERANUR POLICE STATION, DINDIGUL DISTRICT.

+1. CC to M/S D.VENKATESH Advocate SR.No.62694 RL/6 C-29/10/2015

ORDER

IN CRL OP(MD) No.20410 of 2015 Date :27/10/2015 https://hcservices.ecourts.gov.in/hcservices/