Madras High CourtCRL OP(MD)/6578/2015ordered

Pillappan v. The Inspector Of Police

2015-04-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6578 of 2015 1 PILLAPPAN 2 INDIRA 3 NITHYA ... PETITIONER(S) / ACCUSED 2 to 4 Vs THE STATE REP. BY THE INSPECTOR OF POLICE THIRUPPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT. CRIME NO. 298/2013. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.KANNAN Advocate For Respondent : M/S.K.V.Rajarajan 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 A2 to A4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 302 of IPC, in Crime No.298 of 2013 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the deceased, who is the husband of the first accused used to harass the first accused in a drunken mood and therefore, A1 attacked the deceased with aruval. Further allegation is that the petitioners have helped the first accused for commission of offence.

3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and they have been falsely implicated in this case and pray for anticipatory bail in favour of the petitioners. He further submitted that there is absolutely no material to implicate the petitioners for the alleged offence.

4.It is submitted by the learned Government Advocate (Crl.Side) that the first accused had attacked the deceased and she was arrested and released on bail by this Court in Crl.O.P(MD) No.18861 of 2013 and the respondent police has laid the charge sheet before the Judicial Magistrate, Thiruppathur and the same was taken on file in P.R.C.No.15 of 2015.

5.Considering the overt act attributed against the petitioners and the stage 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 https://hcservices.ecourts.gov.in/hcservices/

appearance before the learned Judicial Magistrate, Thiruppathur 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 a.m., for a period of two weeks. 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/- 20/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, THIRUPPATHUR.

2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE THIRUPPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT. +1. CC to M/S.V.KANNAN Advocate SR.No.20287. TS/21.04.2015/2P-6C

ORDER

IN CRL OP(MD) No.6578 of 2015 Date :20/04/2015 https://hcservices.ecourts.gov.in/hcservices/