S.Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22649 of 2015 1 S.MOHAN 2 C.PANCHAVARNAM ... PETITIONERS/ACCUSED NO.1 AND 2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, C3 POLICE STATION, S.S.COLONY, MADURAI CITY.

CRIME NO.890/2015 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S N.SUNDARESAN ADVOCATE FOR RESPONDENT : MR.K.ANBARASAN, GOVERNMENT 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 & 2, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 355, 506(i) of IPC and Section 4 of TNPWH Act, in Crime No.890 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the first petitioner pulled the defacto complainant and attacked her. Therefore, the case has been registered for the above said offence. 3.

The case of the petitioners is that the first petitioner is an Advocate and the second petitioner is his wife and the defacto complainant is his brother's wife. The defacto complainant and her husband are residing in ground floor of the petitioners's house. The defacto complainant and her husband are indulging in illegal activities and various human immoral activities. The petitioners advised the defacto complainant and her husband to stop all the illegal activities. Due to that, the defacto complainant has given a false complaint against the petitioners.

4.The learned Government Advocate (Crl.Side) submitted that this is a case and case in counter and the injured person had already been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also

considering the fact that this is a case and case in counter and the injured person had already 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 arrest or on their appearance before the learned Judicial Magistrate, Madurai 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/- 01/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MADURAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE C3 POLICE STATION, S.S.COLONY, MADURAI CITY.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S N.SUNDARESAN Advocate SR.No. 68458

ORDER

IN CRL OP(MD) No.22649 of 2015 Date :01/12/2015 2P/6C TE/AAL-MPA/SAR-I : 03/12/2015 https://hcservices.ecourts.gov.in/hcservices/