Velmurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16780 of 2016 1 VELMURUGAN 2 ARUMUGA NAINAR 3 SELVAM 4 MARIAPPAN ... PETITIONERS/ACCUSED Rank Not Known Vs THE STATE REP BY ITS THE INSPECTOR OF POLICE ALWARTHIRUNAGARI POLICE STATION, TUTICORIN DISTRICT, CRIME NO. 160 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.R.DURAIRAJ Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Section 294(b), 323 and 506(ii) and 379 NP of I.P.C. and Section 4 of TNPHW Act and Section 3 of TNPPDL Act in Crime No.160 of 2016 on the file of the respondent police.
2. The case of the prosecution is that due to previous enmity, the petitioners had abused the de-facto complainant with filthy language and threatened him with dire consequences.
3. The learned counsel for the petitioners submitted that the de-facto complainant is the sister of the first petitioner and owing to dispute between them, a false case has been lodged against the petitioners.
4. Heard the learned Government Advocate (Crl. Side). https://hcservices.ecourts.gov.in/hcservices/
5. On consideration of the facts and circumstances of the case
and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;
(b) In the event of appearance before the learned Judicial Magistrate, Srivaikundam within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
(iii) First petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required and the other petitioners shall appear before the respondent police as and when required.
sd/- 14/09/2016 / 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 ALWARTHIRUNAGARI POLICE STATION, TUTICORIN DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.R.DURAIRAJ Advocate SR.No.52157
ORDER
IN CRL OP(MD) No.16780 of 2016 Date :14/09/2016 SMA/SS-3/SAR-I/22/09/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/