Murali v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.341 of 2017 1 MURALI 2 PARAMESWARAN 3 PRADEEPA ... PETITIONERS/ACCUSED 1 TO 3 Vs STATE REP BY THE INSPECTOR OF POLICE PALANI TOWN POLICE STATION, DINDIGUL DISTRICT (CRIME NO.6 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/ST.LENIN KUMAR Advocate For Respondent : M/S.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, in Crime No.6 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 294(b), 323, 324 and 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 learned counsel for the petitioners states that the petitioners herein are accused Nos.1 to 3 respectively. The petitioners 1 and 2/A1 and A2 are the brothers and the third petitioner/A3 is the wife of the second petitioner/A2. This is a case in counter and the counter case has been registered in Crime No.5 of 2017 on the basis of the complaint given by the second petitioner/A2 herein. He would further state that the complainant developed love over the daughter of the second and third petitioners herein and they eloped and married each other and thereafter, on 04.01.2017, the complainant along with other accused trespassed into the house of the petitioners herein and quarrelled with them demanding share over the property and in that occurrence, the petitioners herein were attacked and threatened with dire consequences and hence, the second petitioner herein had given a https://hcservices.ecourts.gov.in/hcservices/
complaint and the same was registered in Crime No.5 of 2017 for the offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC. As a counter blast only, the present complaint has been lodged on false ground.
4.The learned Government Advocate (crl. Side) states that the first accused herein is a practising advocate at Palani and he has attacked the defacto complainant with knife and caused injuries in the left hand finger. The remaining accused had made threat against the defacto complainant in this case. The injured was discharged from the hospital.
5.Considering the above facts and circumstances of the case and also considering the fact that this is a case in counter case in Crime No.5 of 2017 prior to the present case against the defacto complainant in this case and 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 their appearance before the learned Judicial Magistrate, Palani 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 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 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/- 12/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE PALANI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE PALANI TOWN POLICE STATION, DINDIGUL DISTRICT +1. CC to M/ST.LENIN KUMAR Advocate SR.No.2723 RL/6C/2P/SS3/SARI/19.1.2017 ORDER IN CRL OP(MD) No.341 of 2017 Date :12/01/2017 https://hcservices.ecourts.gov.in/hcservices/