Rengadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10097 of 2017 1 RENGADURAI 2 UMASH ... PETITIONERS/ACCUSED NO.1 & 2 Vs STATE REP.BY, THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKOTTAI DISTRICT CRIME NO.289 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.R.MURUGESAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) of IPC, in Crime No.289 of 2017, seek anticipatory bail.

2.The case of the prosecution is that there was a dispute in respect of repayment of Moivirunthu amount and due to which, the accused persons have attacked the de-facto complainant with plastic chair and caused injuries.

3.The learned counsel appearing for the petitioners states that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. It is further submitted that the allegations made in the FIR are false and the de-facto complainant in order to cheat the amount due with the 1st petitioner, has lodged the present compliant, implicating the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally two accused in this case and A1 is said to have attacked with plastic chair on the head of the de-facto complainant and A2 is said to have attacked with plastic chair on the backside of the de-facto complainant and caused injuries and in this case, the injured has been discharged from the hospital.

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5.Considering the above facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, 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, Alangudi, Pudukottai 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 daily at 10.00 a.m for a period of three weeks and thereafter as and when required for interrogation. The petitioners shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 16/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI, PUDUKOTTAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKOTTAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.R.MURUGESAN Advocate SR.No.28763 ER CSL/RR-BS/SAR-I/21.08.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.10097 of 2017 Date :16/08/2017 https://hcservices.ecourts.gov.in/hcservices/