Madras High CourtCRL OP(MD)/20601/2015ordered

Gunasekaran v. The Inspector Of Police

2015-10-30Honourable Mr Justice K. Kalyanasundaram2 pages

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.20601 of 2015 1 GUNASEKARAN 2 SAKTHIVEL 3 LAKSHMI 4 KARUPPANNA GOUNDER ..PETITIONERS/ACCUSED 1 & 4 Vs.

STATE REP.BY THE INSPECTOR OF POLICE K.PARAMATHI POLICE STATION, KARUR DISTRICT.

(CRIME NO. 173 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S M.SARAVANAN Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) For Intervenor : Mr.N.SHANMUGA SELVAM, 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 A4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(i) of I.P.C. in Crime No.173 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that due to land dispute, on 19.10.2015 at 9.00 a.m., the accused attacked the de-facto complainant and caused injuries on him.

3. The learned counsel for the petitioners submitted that it is a case of case in counter and the 1st accused also sustained injuries in the same occurrence. It is further contended that due to civil dispute, they have been falsely roped in this case.

4. The learned counsel for the intervenor submitted that the defacto complainant is a senior citizen, aged about 76 years and he was attacked by all the accused on 19.10.2015 with stick and hands and still he is taking treatment at Amaravathy Hospital in Karur.

5. It is submitted by the learned Government Advocate (Crl.side) that the 1st accused/first petitioner was already arrested and remanded to judicial custody and the petitioners have no bad antecedents.

6. Considering the submissions made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioners 2 to 4, with certain conditions.

7. Accordingly, the petitioners 2 to 4 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, No.II, Karur and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like https://hcservices.ecourts.gov.in/hcservices/

sum to the satisfaction of the learned Magistrate concerned and on further condition that the 2nd petitioner shall stay at Madurai and report before the Tallakulam police Station every day at 10.30 a.m. Until further orders and the petitioners 3 and 4 shall appear before the respondent police as and when required for interrogation. The petitioners 2 to 4 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. The petitioners 2 to 4 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.

9. As far as the 1st petitioner/1st accused is concerned, this petition is dismissed.

sd/- 30/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.

2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,KARUR. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, K.PARAMATHI POLICE STATION, KARUR DISTRICT.

5 THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI CITY. +2. CC to M/S M.SARAVANAN Advocate SR.No.63528 & 63946 +1cc to M/s.N.SHANMUGA SELVAM, Advocate in SR.No.63971 ORDER IN CRL OP(MD) No.20601 of 2015 Date :30/10/2015 PBK/SK-SKN 30/10/2015 ::2P-9C::

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