Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of November Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE S.VAIDYANATHAN CRL OP(MD) No.21721 of 2015 1 MUTHUKUMAR 2 KARPOORAM 3 SAKTHI 4 GOKILA 5 MAYAKRISHNAN ... PETITIONERS/ ACCUSED A1 TO A5 Vs STATE THROUGH THE INSPECTOR OF POLICE BAZAAR POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

CRIME NO. 362 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.R.KANNAPPAN 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 the accused 1 to 5, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for offences punishable under Sections 147, 294(b), 323, 336, 427 and 506(i) I.P.C. and Section 4 of TNPWH Act in Crime No.362 of 2015 on the file of the respondent police.

2. The case of the prosecution is that the first and fifth petitioners were drinking alcohol near the house of the de-facto complainant when the same was questioned, the petitioners have attacked, abused and also threatened the de-facto complainant with dire consequences.

3. The Government Advocate (Crl. Side) submits that the injured has been discharged from the hospital and this is a case in counter.

4. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.I, Ramanathapuram within 15 days from the date of receipt of copy of the order, https://hcservices.ecourts.gov.in/hcservices/

(i) the petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii)the petitioners 1, 3 and 5 shall be available for interrogation by the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required and the petitioners 2 and 4 shall be available for interrogation by the respondent police as and when required. sd/- 18/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM

2. THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTIRCT

3. THE INSPECTOR OF POLICE,BAZAAR POLICE STATION, RAMANATHAPURAM,RAMANATHAPURAM DISTRICT.

4. THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S A.R.KANNAPPAN Advocate SR.No.66028

ORDER

IN CRL OP(MD) No.21721 of 2015 Date :18/11/2015 GJM/AMF/SARII-20.11.2015-2P-6C https://hcservices.ecourts.gov.in/hcservices/