Jesudoss v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20465 of 2015 1 JESUDOSS 2 PANDI 3 ELANGOVAN ... PETITIONERS/ ACCUSED NOS.1TO3 Vs STATE BY THE INSPECTOR OF POLICE KAMUTHI POLICE STATION, KAMUTHI, RAMANATHAPURAM DISTRICT.
(CRIME NO. 251 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.R.SRINIVASAN Advocate For Respondent : Mr.K.ANBARASAN 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, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 332, 353 and 506(i) of IPC, in Crime No.251 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant is the Grade-II Police Constable attached to the respondent police, while he was on routine duty found that one Maruthi Car damaged its back side and another Tata Sumo was found damaged in the front side. The petitioners tried to attack the Inspector of Police, attached to Kamuthi Police Station, who is sitting inside the Tata Sumo vehicle and at that time, the defacto complainant intervened and pacified them and when he tried to inform the said incident to his senior police officer, these petitioners tried to pull his cell phone and also prevented him from discharging his official duty and also threatened him with dire consequences. 3.The case of the petitioners is that they have not committed any offences and their name have been falsely implicated in this case only as a counter blast for the complaint given by the first petitioner against the Inspector of Police one Mr.Murugan, attached to the respondent police station.
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4.The learned Government Advocate (Crl.side) submitted that the petitioners are tried to assault the Inspector of Police, who is sitting inside the Tata Sumo Vehicle and prevented the defacto complainant from discharging his duty.
5.Considering the facts and circumstances of the case and also considering the fact that there are case and counter 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, Kamuthi 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 petitioners shall appear before the respondent police daily at 10.00 a.m., and 5.00 p.m., until further orders. 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/- 19/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3 THE INSPECTOR OF POLICE KAMUTHI POLICE STATION,KAMUTHI, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr. R.SRINIVASAN Advocate SR.No.66642
ORDER
IN CRL OP(MD) No.20465 of 2015 Date :19/11/2015 NS/SKS-RR/SAR I/24.11.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/