Madras High CourtCRL OP(MD)/9982/2015allowed

Poosaithurai v. The Inspector Of Police

2015-06-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9982 of 2015 1 POOSAITHURAI 2 RAMSUNDARRAJ 3 SARASWATHI ..PETITIONERS/ACCUSED 7,18 & 22 Vs.

STATE REP.BY THE INSPECTOR OF POLICE PULIANGUDI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.242 OF 2015).

..RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SARAVANAN Advocate For Respondent : Mr.K.V.RAJARAJAN, Government 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 A7, A18 and A22 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 294(b), 323, 324 and 307 of IPC, in Crime No.242 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity with regard to conducting of temple festival, the accused party formed an unlawful assembly with deadly weapons and assaulted the de-facto complainant party and caused injuries.

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. He further submitted that the de-facto complainant party attacked the accused party and in this connection, a case in Crime No.243 of 2015 stands registered against them and it is a case of case and counter.

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

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, Sivagiri 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 https://hcservices.ecourts.gov.in/hcservices/

further condition that the petitioners 1 and 2 shall appear before the respondent police daily at 06.00 p.m for a period of two weeks and thereafter as and when required and the 3rd petitioner shall appear before the respondent police as and when required for interr ogation. 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/- 10/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI, TIRUNELVELI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, PULIANGUDI POLICE STATION, TIRUNELVELI DISTRICT.

+1. CC to M/S.M.SARAVANAN Advocate SR.No.29619 ORDER IN CRL OP(MD) No.9982 of 2015 Date :10/06/2015 PBK/AMF 15/06/2015 ::2P-6C::

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