Madras High CourtCRL OP(MD)/1825/2017ordered

V.Senthilkumar v. The Sub Inspector Of Police

2017-02-21Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1825 of 2017 1 V.SENTHILKUMAR 2 KANNAN ... PETITIONERS/ACCUSED 1 & 2 Vs STATE REP.BY , THE SUB INSPECTOR OF POLICE PASUPATHIPALAYAM POLICE STATION, CRIME NO. 509 OF 2016, KARUR DISTRICT ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.S.SIVARAM 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 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 354, 294(b) and 506(i) of IPC., in Crime No.509 of 2016, seek anticipatory bail.

2. The case of the prosecution is that the petitioners come in their care and obstructed the defacto complainant and her daughter in the Karur Court premises and had made criminal intimidation.

3. The learned counsel appearing for the petitioners states that the petitioners are innocent and the defacto complainant and their family members only punctured the 1st petitioner's car and made criminal intimidation to the 1st petitioner. Even though the petitioners preferred the complaint with the respondent Police, they took side with the defacto complainant and foisted the present false case against the petitioners and the petitioners have not committed any offence, as alleged by the prosecution.

4. The learned Government Advocate (crl.side) appearing for the respondent states that there are totally two accused in this case, who are the petitioners herein and the charge sheet was laid and pending as C.C.No.42 of 2017 before the learned Judicial Magistrate, Karur. The petitioners are relatives of the husband of the defacto complainant in this case.

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5. Considering the above 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, Karur, on condition that each petitioners shall execute 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 respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the concerned Court daily at 10.30 a.m., until further orders. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 21/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,KARUR.

2 THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3 THE SUB INSPECTOR OF POLICE PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.S.SIVARAM Advocate SR.No.9469 MPK CSL/PM-PN/SAR-II/22.02.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.1825 of 2017 Date :21/02/2017 https://hcservices.ecourts.gov.in/hcservices/