Balaguru v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.6905 & 6840 of 2015 1 BALAGURU 2 BALAMURUGAN ... PETITIONERS / ACCUSED NOS.3 & 4 IN CRL OP(MD)No.6905/2015 1 K.PANDI 2 RAM PULITHEVAN 3 SINGAMUTHU 4 THIRUKAMMAL ... PETITIOENRS / ACCUSED NOS.2,5,6 & 7 IN CRL OP(MD)No.6840/2015 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KAMUTHI POLICE STATION, RAMNAD DISTRICT.

RESPONDENT / COMPLAINANT CRIME NO.78/2015. SAME IN BOTH PETITIONS For Petitioner : M/S.R.MAHESWARAN, Advocate in both petitions For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate (Crl. Side) in both petitions PETITION FOR BAIL Under Sec. 439 Cr.P.C. IN CRL OP(MD)NO.6905/2015 PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. IN CRL OP (MD)NO.6840/2015 ORDER : The Court Made the following order :- The petitioners in Crl.O.P.No.6905 of 2015, who are arrayed as A3 and A4 in Crime No.78 of 2015 on the file of the respondent police, were arrested and remanded Judicial custody on 23.03.2015 for the alleged offence punishable under Sections 147, 148, 448, 294(b), 323, 324 and 307 of I.P.C and hence, seeks bail. The petitioners in Crl.O.P.(MD).No.

6840 of 2015, who are arrayed as A2, A5 to A7 for the alleged offence punishable under Sections 147, 148, 448, 294(b), 323, 324 and 307 of I.P.C., in Crime No.78 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that due to civil dispute, the accused have attacked the victim with aruval and other lethal weapons.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence and he further submits that the main accused/A1 was arrested and remanded to judicial custody. He further submits that the accused Nos.5,6 and 7 are the sons and wife of the first accused respectively and they are permanently residing at Chennai and falsely implicated in this case.

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4.The learned Government Advocate (Crl.side) would submit that the first accused was detained under Act 14 of 1982 and the victim has been discharged from the hospital. He further submits that due to civil dispute, the accused had attacked the victim. 5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners/A3 and A4 in Crl.O.P.No.6905 of 2015, and the petitioners/A2, A5 to A7 in Crl.O.P.No.6840 of 2015, are released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Kamuthi 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/A5, A6 and A7 shall stay at Madurai and appear before the Thallakulam Police Station daily at 10.00 a.m until further order and the petitioners/A2, A3 and A4 shall stay at Pudukkottai and appear before the Pudukkottai Town Police Station daily at 10.00 a.m until further orders. The petitioners in Crl.O.P.(MD).No.6840 of 2015 shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioners in Crl.O.P.(MD).No.6840 of 2015 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/- 15/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE,KAMUTHI POLICE STATION, RAMNAD DISTRICT. 4 THE OFFICER IN-CHARGE,THALLAKULAM POLICE STATION, MADURAI. 5 THE OFFICER IN-CHARGE,PUDUKKOTTAI TOWN POLICE STATION, PUDUKKOTTAI.

6 THE OFFICER IN-CHARGE,SUB-JAIL, MUTHUKULATHUR. 7 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to M/S.R.MAHESWARAN, Advocate SR.No.18703 & 18704 ORDER IN CRL OP(MD)Nos.6905 & 6840 of 2015 Date :15/04/2015 msm 15.04.2015 p2/10c https://hcservices.ecourts.gov.in/hcservices/