Madras High CourtCRL OP(MD)/11482/2017ordered

Gopalakrishnan v. The Inspector Of Police

2017-09-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of September Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.11482 of 2017 1 GOPALAKRISHNAN 2 BALAMANOHAR 3 VISHALACHI ... PETITIONERS / ACCUSED 1 to 3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE MANAVALAKURICHY POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.181/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.C.K.M.APPAJI 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, who are arrayed as A-1 to A-3, in Crime No.181 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 294(b), 323, 506(i) IPC and Section 4 of the TNPHW Act, 2002 and hence, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel the petitioners assaulted the de facto complainant and abused her in filthy language.

3. The learned counsel for the petitioners would submit that the petitioners are an innocent person and he has not committed the alleged offence and he has been falsely implicated in the above said crime.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that no one has sustained injury and the investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the fact that no one has sustained injury, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court, Eraniel 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 on receipt of summons. 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/- 04/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, MANAVALAKURICHY POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.K.M.APPAJI Advocate SR.No.29781

ORDER

IN CRL OP(MD) No.11482 of 2017 Date :04/09/2017 MKV-PN-SAR 2/08.09.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/