Lakshmanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23520 of 2015 1 LAKSHMANAN 2 JANAGI 3 BOOMINATHAN 4 KANNAN 5 ASAIPONNAMMAL 6 PRIYADARSHNI ... PETITIONERS/ACCUSED NO.1 TO 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.
CRIME NO.470 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.JEGADEESH PANDIAN 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 1 to 6, in Crime No.470 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 342, 323, 355 and 506(ii) IPC and hence, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant and the fifth petitioner are husband and wife. Due to dispute between them, both of them are living separately and the petitioners came to the house of the defacto complainant and attacked him, pursuant to which, the defacto complainant sustained injury.
3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence and the petitioners 1, 3 and 4 are brothers of the fifth petitioner and the petitioners 2 and 6 are the daughters of the fifth petitioner and the defacto complainant. Due to illegal intimacy of defacto complainant with another woman, both the fifth petitioner and the defacto complainant are living separately. At the time of conducting 'Seemantham' function for one of the daughter, by name, Hemalatha, the defacto complainant quarrelled with the fifth petitioner. Hence, the fifth petitioner lodged a complaint before the respondent police against the defacto complainant and the same has been registered in Crime No.469 of 2015 for the offences punishable under https://hcservices.ecourts.gov.in/hcservices/
Sections 294(b) and 506(ii) IPC. As a counter blast, the defacto complainant has given the false complaint against the petitioners.
4. The learned counsel for the petitioners submitted that the defacto complainant used to pick up quarrel with the fifth petitioner and due to dispute between the defacto complainant and the fifth petitioner, they lived separately and the defacto complainant has married another woman and they are living separately and the petitioners have not committed any offence.
5. Considering the facts and circumstances of the case, 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 No.IV, Madurai District 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 for interrogation. 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/- 11/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE,SAMAYANALLUR POLICE STATION,MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S M.JEGADEESH PANDIAN Advocate SR.No.71159 CM CSL/GSV-AN/SAR-II/16.12.2015/2P/6C
ORDER
IN CRL OP(MD) No.23520 of 2015 Date :11/12/2015 https://hcservices.ecourts.gov.in/hcservices/