Chellathevar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23426 of 2015 1 CHELLATHEVAR 2 SUNDAR @ MENAKSHI SUNDAR ... PETITIONERS / ACCUSED 1 & 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE MUKKULAM POLICE STATION, VIRUDHUNAGAR , CR NO.90/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.SIVAPRAKASH 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 A1 & A3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 427, 379(NP) and 506(ii) of I.P.C., r/w 4 of W/H Act, in Crime No.90 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2.The case of the prosecution is that on 02.09.2015 there was a dispute over celebrating the temple festival, the petitioners attacked the de-facto complainant and caused injuries. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that this Court, by order dated 16.09.2015, has granted anticipatory bail to the petitioners, but, the petitioners did not comply with the condition imposed by this Court and hence, he prays for anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.side) submitted that though https://hcservices.ecourts.gov.in/hcservices/ the petitioners were granted anticipatory bail on 16.09.2015, they did not execute bond and furnish sureties.
5. Considering the fact that already the petitioners were granted anticipatory bail by order dated 16.09.2015 and it is the case of case and counter, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Aruppukkottai and on each of them executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with single surety 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 for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. 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/- 10/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE ARUPPUKKOTTAI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE VIRUTHUNAGAR DISTRICT 3 THE INSPECTOR OF POLICE MUKKULAM POLICE STATION, VIRUDHUNAGAR , 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S S.SIVAPRAKASH Advocate SR.No.70663.
ORDER
IN CRL OP(MD) No.23426 of 2015 Date :10/12/2015 https://hcservices.ecourts.gov.in/hcservices/ AM/11.12.2015/NGM.SS/SAR-I/2P/6C