Madras High CourtCRL OP(MD)/11910/2017granted

Velusamy, v. The Sub-Inspector Of Police,

2017-09-12Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11910 of 2017 1 VELUSAMY 2 GANESAN ... PETITIONER / ACCUSED 1,2 Vs THE STATE REP.BY, THE SUB-INSPECTOR OF POLICE, DEVIPATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO.282 OF 2017) ... COMPLAINANT / RESPONDENT For Petitioners : M/S.D.BALAMURUGAPANDI 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 offences punishable under Sections 294(b), 323 and 506(ii) IPC in Crime No.282 of 2017 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel the petitioners are said to have attacked the de facto complainant with hands and abused him in filthy language and also threatened with dire consequences.

3. The learned counsel appearing for the petitioners states that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally two accused in this case, who are the petitioners herein arrayed as A1 and A2 respectively. He would further state that the injured was discharged from the hospital and the investigation of the case is still pending.

https://hcservices.ecourts.gov.in/hcservices/

5. Considering facts and circumstances of the case and also the fact that the injured was discharged from the hospital, 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.I, Ramanathapuram, Ramanathapuram 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 10.30 am for a period of three weeks and thereafter, 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 12/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE SUB-INSPECTOR OF POLICE, DEVIPATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.BALAMURUGAPANDI Advocate SR.No.30514

ORDER

IN CRL OP(MD) No.11910 of 2017 Date :12/09/2017 MKV-PM-PN-SAR 3/14.09.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/