Madras High CourtCRL OP(MD)/2901/2017ordered

Kumar, v. The Inspector Of Police,

2017-03-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.2901 of 2017 1 KUMAR 2 MUTHU MAHESWARI ... PETITIONERS/ACCUSED NOS.1 & 2 Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE, ERAL POLICE STATION, TUTICORIN DISTRICT.

CRIME NO.44 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : MR.M.S.JEYAKARTHIK Advocate For Respondent : MRS.S.PRABHA, 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 A-1 & A-2, in Crime No.44 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 448, 294(b), 323 & 506(ii) of I.P.C and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that due to land dispute, the accused persons abused the defacto complainant in filthy language and attacked him with wooden log.

4. The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that the injured was discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that the injured was 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 arrest or on https://hcservices.ecourts.gov.in/hcservices/

their appearance before the learned Magistrate, Srivaikundam 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 first petitioner shall appear before the respondent police once in a week ie., on every Monday at 10.30 a.m., until further orders and the second petitioner 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.

6.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/- 20/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SRIVAIKUNDAM.

2 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE, ERAL POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.16000 PM CSL/MR/SAR-III/21.03.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.2901 of 2017 Date :20/03/2017 https://hcservices.ecourts.gov.in/hcservices/