Madras High CourtCRL OP(MD)/20828/2015allowed

P. Kumar v. The Insepector 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.20828 of 2015 1 P. KUMAR 2 P. THIYAGARAJAN@ DURAIRAJ 3 P.SHANMUGA SUNDARAM ... PETITIONERS / ACCUSED 1 to 3 Vs State Rep.by THE INSEPECTOR OF POLICE KUTRALAM POLICE STATION, THIRUNEVELI DISTRICT, CR NO.286/15 ... RESPONDENT / COMPLAINANT For Petitioner : M/S B.PRAHALAD RAVI 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 A1 to A3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(ii) of I.P.C., in Crime No.

286 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that due to wordy quarrel arose between the petitioners and the de-facto complainant, the petitioners are said to have assaulted and abused the de-facto complainant in filthy language.

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

4.The learned Government Advocate (Crl.side) would submit that the de-facto complainant sustained simple injury in the alleged occurrence and the petitioners are having one previous case each of similar in nature.

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

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Tenkasi 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., for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with https://hcservices.ecourts.gov.in/hcservices/

the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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, TENKASI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSEPECTOR OF POLICE KUTRALAM POLICE STATION, THIRUNEVELI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S B.PRAHALAD RAVI Advocate SR.No.63816 Sm:JGB-DP-SAR I:02.11.2015:2P/6C

ORDER

IN CRL OP(MD) No.20828 of 2015 Date :30/10/2015 https://hcservices.ecourts.gov.in/hcservices/