Madras High CourtCRL OP(MD)/3980/2017ordered

Mariyappan, v. The Inspector Of Police,

2017-06-06Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3980 of 2017 1 MARIYAPPAN 2 MASANAM 3 ESAKKIPANDI 4 RAMACHANDRAN 5 PETCHI MUTHU ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE, SEIDUNGANALLUR POLICE STATION, TUTICORIN DISTRICT.

CRIME NO.55 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.R.DURAIRAJ Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused in Crime No.55 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 188, 147, 148, 294(b), 323, 324 and 506(i) IPC and Section 3 of TNPPDL Act and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.

The learned counsel for the petitioners submitted that due to civil dispute, the petitioners are alleged to have abused the defacto complainant and others in filthy language, threatened, attacked them and also damaged the properties. He would further submit that as a counterblast to the complaint lodged by the petitioners, the present false complaint has been lodged by the defacto complainant. The petitioners are innocent. They have not committed any offence as alleged in the complaint. They have been falsely implicated in this case.

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4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that it is a case of case in counter and that the investigation is pending.

5. Considering the facts and circumstances of the case, 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, Srivaikundam and on each 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 Alwarthirunagari Police Station daily at 10.30 a.m. until further orders. 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 shall stand automatically dismissed.

sd/- 06/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SRIVAIKUNDAM, TUTICORIN DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE INSPECTOR OF POLICE, SEIDUNGANALLUR POLICE STATION, TUTICORIN DISTRICT. 4 THE INSPECTOR OF POLICE, ALWARTHIRUNAGARI POLICE STATION, ALWARTHIRUNAGARI, TUTICORIN. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 cc to MR.M.S.JEYAKARTHIK, Advocate SR.No.23315 GCG CSL/PM-PN/SAR-I/12.06.2017 : 2P/7C

ORDER

IN CRL OP(MD) No.3980 of 2017 Date :06/06/2017 https://hcservices.ecourts.gov.in/hcservices/