N.Gopalakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of June Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CRL OP(MD) No.9020 of 2015 1 N.GOPALAKRISHNAN 2 G.ANBUKANI 3 SHANTHA 4 RATHINAM 5 AMUTHA ... PETITIONERS/ACCUSED 1 to 5 Vs STATE REP BY THE INSPECTOR OF POLICE CUMBAM SOUTH POLICE STATION, CUMBAM POST, THENI DIST. CRIME NO. 145 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.KARUPPASAMY PANDIAN Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) For Intervenor : MR.V.THIRUMAL Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1to A5 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 355 and 506(ii) of I.P.C. in Crime No.145 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that on 06.05.2015 the petitioners put the household articles in front of the house of the de-facto complainant, which was questioned by the de-facto complainant and therefore, a wordy quarrel arose between them, due to which, the petitioners assaulted the de-facto complainant with broomstick.

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 it is a case of case in counter and the injured had already been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/ 5.The learned counsel for the intervenor submitted that after

registering this case, the first petitioner again attacked the defacto complainant on 24.05.2015. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Uthamapalayam, Theni District 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 10.00 a.m until further orders. 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/- 01/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,UTHAMAPALAYAM, THENI 2 THE CHIEF JUDICIAL MAGISTRATE,THENI 3 THE INSPECTOR OF POLICE CUMBAM SOUTH POLICE STATION, CUMBAM POST, THENI DIST.

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

+1. CC to M/S.M.KARUPPASAMY PANDIAN Advocate SR.No.26733 +1cc to Mr.V.Thirumal,Advocate Sr.No.

26607

ORDER

IN CRL OP(MD) No.9020 of 2015 Date :01/06/2015 AA/02.06.2015/2p - 7c/ https://hcservices.ecourts.gov.in/hcservices/