Irulayee v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16934 of 2016 1 IRULAYEE 2 SUGANYA 3 RADHA ...PETITIONERS/ACCUSED No.1,3 & 4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KALAYARKOIL POLICE STATION, SIVAGANGAI DISTRICT, CR NO. 369/2016. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.K.R.BADURUS ZAMAN, Advocate For Respondent : M/S.A.P.BALASUBRAMANI, 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, 3 & 4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i) IPC, in Crime No.369 of 2016, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioners attacked the defacto complainant with wooden log and threatened him with dire consequences and abused him in filthy language.

3.The learned counsel for the petitioner would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) would submit that the injured person had already been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already 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 arrest or on their appearance before the learned Judicial Magistrate No.I, Sivagangai, 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 likesum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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/- 09/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE KALAYARKOIL POLICE STATION, SIVAGANGAI DISTRICT, +1. CC to M/S.V.KANNAN Advocate SR.No.51759.

ORDER

IN CRL OP(MD) No.16934 of 2016 Date :09/09/2016 AM/AAL.MPA/SAR-I/14.09.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/