Kumeresan 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.9611 of 2015 1 KUMERESAN 2 ESEKKIMUTHU 3 SATHIYARAJ 4 RAJUKUTTI 5 ANANDH ... PETITIONER(S) / ACCUSED A2,3,6,7 & 8 Vs THE STATE REP. BY THE INSPECTOR OF POLICE KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT, IN CR.NO.92 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.R.DURAIRAJ 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 A2, A3, A6, A7 and A8 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 294(B), 323 and 506(ii) of IPC and section 4 of Tamil Nadu Women Harassment Act, in Crime No.92 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that on 28.05.2015 due to previous motive with regard to conducting of kodai festival, there was a wordy quarrel between the de-facto complainant, in which the accused abused the de-facto complainant with filthy language and attacked him and also threatened the de-facto complainant with dire consequences. 3.

The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been discharged from the hospital.

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5.Considering the above facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, 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, Srivaikundam 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 the petitioners shall appear before the respondent police daily at 10.00 a.m for a period two weeks and thereafter, 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/- 03/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2 do thro THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT, +1. CC to M/S.S.R.DURAIRAJ Advocate SR.No. 27602. TS/08.06.2015/2P-6C

ORDER

IN CRL OP(MD) No.9611 of 2015 Date :03/06/2015 https://hcservices.ecourts.gov.in/hcservices/