Madras High CourtCRL OP(MD)/8017/2015partly allowed

Bosco v. The Inspector Of Police

2015-04-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8017 of 2015 1 BOSCO 2 MARIAPPAN ... PETITIONERS / ACCUSED Nos.1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, THALAVAIPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.197 OF 2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THIRUVARUTSELVAN, Advocate For Respondent : M/S.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 and A2 apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 353,323 and 506(ii) of IPC in Crime No.197 of 2015 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute the petitioners are alleged to have assaulted the de facto complainant with hands and threatened him in dire consequence. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) would submit that the first petitioner has involved in 19 previous cases and he https://hcservices.ecourts.gov.in/hcservices/ further submitted that second petitioner has no previous case.

5. Considering the facts and circumstances of the case, I am inclined to grant grant anticipatory bail to the second petitioner. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Rajapalayam and on 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 second petitioner shall appear before the respondent police daily 10.30 am for a period of two weeks and thereafter, as and when required for interrogation. The second petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. In view of the endorsement made by the learned counsel for the petitioners, this petition is dismissed as withdrawn in respect of first petitioner / A1.

7. The second petitioner 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/- 27/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR @ SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, THALAVAIPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.THIRUVARUTSELVAN, Advocate SR.No.22637. ORDER IN CRL OP(MD) No.8017 of 2015 msm 28.04.2015 p2/6c Date :27/04/2015 https://hcservices.ecourts.gov.in/hcservices/