Anand v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22097 of 2015 1 ANAND 2 KANNAN ... PETITIONERS/ ACCUSED (RANK NOT KNOWN) Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUKKURUGUNDI POLICE STATION, NANGUNERI TALUK, TIRUNELVELI DISTRICT, CR NO.126/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S V.MAHARAJAN 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, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 325, 506(ii) and 308 of IPC and Section 3 of PPDL Act, in Crime No.126 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.
2.The case of the prosecution is that on 10.11.2015 the petitioners tress-passed into the house of the defacto complainant and abused him with filthy language and attacked him. Therefore, the case has been registered for the above said offences.
3.The case of the petitioners is that the petitioners are innocent persons and their name have been falsely implicated in this case and they are nothing to do with the alleged offence and they are not at all present at the scene of occurrence. Only due to the motive and difference of opinion between the petitioners and the defacto complainant, the defacto complainant gave a false complaint. The injured person has also been discharged from the hospital.
4.The learned Additional Public Prosecutor (Crl.side) submitted that there is a communal clash between the two groups in the village and the accused No.2 surrendered before the Court below on 24.11.2015 subsequently, released on bail. He further submitted that the injured persons has also been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital and the co-accused/A4 was surrendered and enlarged on https://hcservices.ecourts.gov.in/hcservices/
bail, 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, Valliyoor 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 reside at Madurai and report before the Vilakkuthoon Police Station daily at 10.00 a.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/- 07/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE VALLIYOOR 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE THIRUKKURUGUNDI POLICE STATION, NANGUNERI TALUK, TIRUNELVELI DISTRICT.
4 THE INSPECTOR OF POLICE, VILAKKUTHOON POLICE STATION, MADURAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S V.MAHARAJAN Advocate SR.No.69974.
ORDER
IN CRL OP(MD) No.22097 of 2015 Date :07/12/2015 AM/09.12.2015/NGM.SS/SAR-I/2P/7C https://hcservices.ecourts.gov.in/hcservices/