Madras High CourtCRL OP(MD)/9722/2015ordered

Kuthoos @ Abdhul Kuthoos v. The Inspector Of Police

2015-06-03Honourable Mr Justice K. Kalyanasundaram2 pages

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.9722 of 2015 1 KUTHOOS @ ABDHUL KUTHOOS 2 RAHAMATHULLAH 3 ILVAN @ IRVAN 4 AMEENAL F/72 5 TASHIN NISHA 6 ANISHA ... PETITIONER(S) / ACCUSED 1 to 6 Vs THE STATE REP. BY THE INSPECTOR OF POLICE KADAYANALLUR POLICE STATION, TIRUNELVELI DISTRICT, (CRIME NO.274 OF 2015). ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.VENKATESH 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 to A6, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 448, 323 and 506(i) of I.P.C., r/w. 4 of TNPHW Act in Crime No.274 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 between the petitioners and the de-facto complainant, the petitioners trespassed into the house of the de-facto complainant and attacked him with sticks. 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 injured had already been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, 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, Tenkasi 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 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, TENKASI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE KADAYANALLUR POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S.D.VENKATESH Advocate SR.No.27415. TS/05.06.2015/2P-6C

ORDER

IN CRL OP(MD) No.9722 of 2015 Date :03/06/2015 https://hcservices.ecourts.gov.in/hcservices/