S.Andiappan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9011 of 2015 1 S.ANDIAPPAN 2 BALASUBRAMANIAN 3 INDIRANI 4 S.LAKSHMI 5 MALLIGA ... PETITIONERS / ACCUSED (RANK NOT KNOWN) KATHIRVEL ...INTERVENER/DEFACTO COMPLAINANT Vs THE STATE REP.BY THE INSPECTOR OF POLICE LALAPETTAI POLICE STATION, KARUR DISTRICT.
CR. NO. 129 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SARAVANAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) For Intervenor : MR.M.PALANI RAJA,ADVOCATE PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-2 to A-6 in Crime No.129 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 324, 506(ii) of I.P.C and hence, seek anticipatory bail.
2. The case of the prosecution is that on 03.05.2015, due to land dispute, the first accused namely Thangamuthu attacked the mother of the defacto complainant with crowbar and bite the hands of the defacto complainant. While the other accused have attacked the defacto complainant and his mother with hands and legs.
3. The learned counsel for the petitioners submitted that due to civil dispute, the defacto complainant with a view to grab the property of the accused, had given a false complaint in this case.
4. The learned counsel for the intervenor vehemently opposed for granting anticipatory bail to the petitioners contending that the accused have attacked three persons and caused grievous injuries and the mother of the defacto complainant had sustained fracture on https://hcservices.ecourts.gov.in/hcservices/
her left leg. Though she was discharged from the hospital, she has to go for treatment in a private hospital to undergo surgery. He further submitted that if the accused are released on bail, they will tamper the witnesses and interfere with the investigation.
5. The learned Government Advocate(Crl. Side) submitted that A-1 was arrested and released on bail by the trial Court and the injured had been discharged from the hospital.
6. Considering the nature of the allegations made against the petitioners, 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, Kulithalai and on executing a separate 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 stay at Trichy and appear before Cantonement Police Station daily at 10.00 a.m., until further orders. The petitioner 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/- 03/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE,KULITHALAI.
2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE LALAPETTAI POLICE STATION, KARUR DISTRICT.
5.THE OFFICER INCHARGE CANTONEMENT POLICE STATION , TRICHY.
+1. CC to M/S.M.PALANI RAJA, Advocate SR.No.27256 +1cc to MR.M.SARAVANAN,ADVOCATE IN SR NO.27623
ORDER
IN CRL OP(MD) No.9011 of 2015 Date :03/06/2015 rg.04.06.2015 2p.8c.
https://hcservices.ecourts.gov.in/hcservices/