Xavier v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6788 of 2015 1 XAVIER 2 CHRISTHUDAS 3 WILLIAM ... PETITIONERS/ACCUSED 1,2 & 4 Vs STATE REP.BY THE INSPECTOR OF POLICE KOLLANCODE POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO. 338 OF 2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.K.M.APPAJI Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. 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 A1, A2 and A4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 120(b) and 506(ii) of I.P.C. in Crime No.338 of 2014 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that on 24.12.2014 the petitioners along with other accused waylaid the de-facto complainant and abused him with filthy language and criminally intimidated him to threaten the de-facto complainant for the purpose to withdraw the election nomination. 3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have been falsely implicated in this case.

4.It is submitted by the learned Government Advocate (Crl.side) that no one sustained injury in the alleged occurrence. 5.Considering the facts and circumstance of the case and also https://hcservices.ecourts.gov.in/hcservices/ considering the fact that no one sustained injury in the alleged

occurrence, 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 No.II, Kuzhithurai 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. 7.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/- 13/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,KUZHITHURAI. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

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

+1. CC to M/S.C.K.M.APPAJI Advocate SR.No.18634

ORDER

IN CRL OP(MD) No.6788 of 2015 Date :13/04/2015 PA/15.04.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/