Sivaperumal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22511 of 2015 1 SIVAPERUMAL 2 VIJAYARAJ 3 MURUGAN 4 SURESH 5 VELLAICHAMY ... PETITIONERS / ACCUSED No.1 to 5 Vs State Rep.by THE INSPECTOR OF POLICE KARIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
IN CRIME NO. 380 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.MARIMUTHU 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 Nos.1 to 5, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 306 r/w 116 of IPC, in Crime No.380 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that all the petitioners abused the defacto complainant's father. In view of that, the defacto complainant's father consumed poison and therefore, the defacto complainant has given a complaint against the petitioners and the case has been registered for the above said offences.
3. The case of the petitioners is that they are innocent persons and they are the Government Officials and they discharging their official duty, due to ulterior motive, their name has been falsely implicated in this case and they are not responsible for the act of the defacto complainant's father.
4.The learned Government Advocate (Crl.side) submitted that the petitioners abused the defacto complainant's father and therefore, he consumed poison and now, he is recovered and he is out of danger and the investigation is pending.
5.Considering the facts and circumstances of the case and also considering the fact that the defacto complainant's father is out of danger and the petitioners are Government Officials, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on https://hcservices.ecourts.gov.in/hcservices/
bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Virudhunagar 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 as and when required. 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/- 04/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR DISTRICT 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT 3 THE INSPECTOR OF POLICE KARIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.MARIMUTHU Advocate SR.No.69604 sm:MP-PM:SAR II:07.12.2015:2P/6C
ORDER
IN CRL OP(MD) No.22511 of 2015 Date :04/12/2015 https://hcservices.ecourts.gov.in/hcservices/