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Madras High CourtCRL OP(MD)/21863/2015ordered

Muthumuniyandi @ Allapitchai v. The Inspector Of Police

2015-11-23Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of November Two Thousand Fifteen PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI CRL OP(MD) No.21863 of 2015 1 MUTHUMUNIYANDI @ ALLAPITCHAI 2 MURUGESHWARI 3 MADAKARUPPI ... PETITIONERS / ACCUSED 2 TO 4 Vs STATE REP.BY ITS THE INSPECTOR OF POLICE ARUPPUKKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT ... RESPONDENT/ COMPLAINANT Cr.No.827/2015 For Petitioner : M/S.S.J.CHAKKARAVARTHY Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) For Intervenor : MR.ROBIN SON Advocate 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.2 to 4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.827 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the accused have assaulted the de-facto complainant and caused injury to him.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that it is a case in counter and the injured has been discharged from the hospital.

4. The learned Government Advocate (Crl.side) submitted that the injured has been discharged from the hospital.

5. The learned counsel for the intervenor submitted that due to previous enmity the petitioners waylaid the defacto complainant attacked him and threatened him with dire consequences.

6. Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, 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 their arrest or on their appearance before the learned Judicial Magistrate, Aruppukkottai, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand https://hcservices.ecourts.gov.in/hcservices/

only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the 1st petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders and the petitioners 2 and 3 shall appear before the respondent police as and when required for interrogation. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE,ARUPPUKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR @ SRIVILLIPUTHUR

3. THE INSPECTOR OF POLICE ARUPPUKKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.J.CHAKKARAVARTHY Advocate SR.No.66926

ORDER

IN CRL OP(MD) No.21863 of 2015 Date :23/11/2015 GJM/JGB/DP/24.11.2015-2P-6C https://hcservices.ecourts.gov.in/hcservices/