Anthonyammal, v. The State Rep. By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of March Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.2179 of 2017 1 ANTHONYAMMAL 2 MADASAMY 3 DURAIPANDI 4 KADALTHAI 5 THANGATHAI ... PETITIONERS / ACCUSED NO.1 TO 5 Vs THE STATE REP. BY ITS THE INSPECTOR OF POLICE, VASUDEVANALLUR POLICE STATION, TIRUNELVELI.
(CRIME NO.36 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.JEYAKARTHIK 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 5, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323 and 506 (ii) of I.P.C., and Section 4 of TNPWH Act in Crime No.36 of 2017 on the file of the respondent police and hence, seek anticipatory bail.
2. The learned Government Advocate (Crl.side) states that totally there are 5 accused in this case, who are the petitioners herein arrayed as A1 A5 respectively. He further states that the injured has been discharged from the hospital.
3. The case of the prosecution is that due to previous enmity, there was a wordy quarrel arose between the accused and the de-facto complainant herein and the accused attacked the de-facto complainant with hands and caused simple injuries.
4. The learned counsel for the petitioners states that they did not commit any offence as alleged by the prosecution and a false complaint was lodged against the petitioners herein and they never involved with any offence and they have no bad antecedents. https://hcservices.ecourts.gov.in/hcservices/
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. 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, Sivagiri 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.
6. 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/- 02/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, VASUDEVANALLUR POLICE STATION, TIRUNELVELI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.JEYAKARTHIK Advocate SR.No.12115
ORDER
IN CRL OP(MD) No.2179 of 2017 Date :02/03/2017 MS-CM-MSA-SAR 2/7.3.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/