Madras High CourtCRL OP(MD)/17847/2016ordered

Thangamariappan v. The Inspector Of Police,

2016-10-05Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.17847 of 2016 1 THANGAMARIAPPAN 2 SHANMUGADHAI 3 SELVAKUMAR 4 MUTHULAKSHMI ... PETITIONERS/ACCUSED No. 1 to 4 Vs STATE THROUGH THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT (CRIME NO.611 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.POLAX LEGAL SOLUTIONS 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 :- Petitioners/accused Nos.1 to 4, pray for the grant of anticipatory bail under Section 438 of Cr.P.C.

for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC in Crime No.611 of 2016 on the file of the respondent police. 2.The case of the prosecution is that due to the land dispute, a wordy quarrel arose between the petitioners and the defacto complainant by using filthy language, in which, the petitioners attacked the defacto complainant.

3.Learned Government Advocate (Crl. Side) would submit that the petitioners are having no previous case and the injured have been discharged from the hospital.

4. Learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case.

5. On consideration of the facts and circumstances of the case and the fact that the injured have been discharged from the hospital, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; https://hcservices.ecourts.gov.in/hcservices/

(a) In the event of arrest by or on appearance before the Judicial Magistrate, No.II, Kovilpatti, 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 them from disclosing such facts to the Court or to any Police Officer;

(iii) petitioners 1 and 3 shall appear before the respondent police daily at 10.00 a.m until further orders; petitioners 2 and 4 being ladies, shall appear before the Jurisdictional Court once in a week i.e on every Monday at 10.30 a.m until further orders. sd/- 05/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI.

2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.POLAX LEGAL SOLUTIONS Advocate SR.No. 59223 VS JA-MPA-EM-SAR.1/18.10.2016/2P:6C ORDER IN CRL OP(MD) No.17847 of 2016 Date :05/10/2016 https://hcservices.ecourts.gov.in/hcservices/