Madras High CourtCRL OP(MD)/1802/2017granted

M. Alagar @ Alagarsamy v. The Inspector Of Police

2017-02-20Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1802 of 2017 1 M. ALAGAR @ ALAGARSAMY 2 FAISAL AHAMED 3 ARAVINDASAMY ... PETITIONERS / ACCUSED NO.1 TO 3 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE DEVIPATTINAM POLICE STATION, DEVIPATTINAM, RAMANATHAPURAM DT, CRIME NO.41/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUTHUKUMAR Advocate For Respondent : MR.P.KANDASAMY 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 accused Nos.1 to 3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(ii) of I.P.C., and Section 4 of Tamil Nadu Women Harassment Act in Crime No.41 of 2017 on the file of the respondent police and hence, seek anticipatory bail.

2. The learned Government Advocate (Crl.side) appearing for the respondent states that totally there are three accused in this case, who are the petitioners herein arrayed as A1 to A3 respectively and there is a land dispute between the de-facto complainant and the petitioners herein and they have attacked the de-facto complainant with hands and no one sustained injury in the alleged occurrence.

3. The learned counsel for the petitioners states that the petitioners and the de-facto complainant are close relatives and they are living as neighbours to the de-facto complainant and only due to the wordy quarrel, the complaint was lodged against the petitioners herein and the petitioners are innocent and they are no way connected with the alleged offence.

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4. Considering the above facts and circumstances of the case and also the fact that no one sustained injury in the alleged occurrence, 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 their arrest or on their appearance before the learned Judicial Magistrate No.I, Ramnad and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 10.30 a.m. for a period of three weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

5. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 20/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, RAMANATHAPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE DEVIPATTINAM POLICE STATION, DEVIPATTINAM, RAMANATHAPURAM DT.

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

+1. CC to M/S.S.MUTHUKUMAR Advocate SR.No.9594

ORDER

IN CRL OP(MD) No.1802 of 2017 Date :20/02/2017 AAM-PM-SAR 1/23.2.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/