Selvaraj @ Pannerselvam 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.23042 of 2015 1 SELVARAJ @ PANNERSELVAM 2 SILAMPARASAN ... PETITIONERS / ACCUSED 1 AND 3 Vs THE INSPECTOR OF POLICE K. PARAMATHI POLICE STATION, KARUR DISTRICT.
CR.NO. 186 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.GOKULRAJ 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 and 3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 323 and 306 of IPC in Crime No.186 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that there was a dispute between the accused persons and de facto complainant, with regard to operating of the Mini Bus, in time schedule. On 29.10.2015, the deceased was standing near Athur Junction Road and at that time, the petitioner along with other accused quarrelled with the deceased and the accused Nos.1 and 2 assaulted the deceased. Due to that, the deceased committed suicide by hanging.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submitted that deceased only attacked the accused Nos. 1 and 2 along with other persons. He further contended that due to family dispute only he committed suicide.
4. The learned Government Advocate (Crl. Side) would submit that the investigation of the case is pending. He further submitted that the coaccused was already released on bail, by this Court in Crl.O.P(MD).No.22805 of 2015, dated 23.11.2015.
5.Considering the facts and circumstances of the case and also considering the fact that the co-accused was already released on bail, this Court is inclined to grant anticipatory bail to the petitioner, 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-II, Karur and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the https://hcservices.ecourts.gov.in/hcservices/
satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police 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 NO.II, KARUR 2 THE CHIEF JUDICIAL MAGISTRATE,KARUR DISTRICT 3 THE INSPECTOR OF POLICE, K. PARAMATHI POLICE STATION, KARUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.GOKULRAJ Advocate SR.No.69727
ORDER
IN CRL OP(MD) No.23042 of 2015 Date :07/12/2015 GJM/SKS/RR/SAR-I-8.12.2015-2P-6C https://hcservices.ecourts.gov.in/hcservices/