Madras High CourtCRL OP(MD)/4733/2017ordered

S.Arun Kumar, v. The Inspector Of Police,

2017-04-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4733 of 2017 1 S.ARUN KUMAR 2 R.SIVAKUMAR 3 M.MANICKAM 4 K.SELVAM 5 M.SATHISH 6 M.GURU @ GURUSAMY ... PETITIONERS/ACCUSED NOS.2,4,5,6,7 & 8 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, AMMAYANAICKANUR POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.95 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.ISRAEL Advocate For Respondent : MRS.S.PRABHA, 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 A2, A4 to A8 in Crime No.95 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 147, 148, 294(b), 323, 324 & 307 IPC 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 submitted that it is alleged in the complaint that due to wordy quarrel in the temple festival, the petitioners along with other accused trespassed into the defacto complainant, abused him in filthy language and also attacked him. Due to previous enmity, the present false complaint has been filed. They have not committed any offence as alleged in the complaint.

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4.The learned Government Advocate appearing for the respondent / Police submitted that there are totally eight accused. A1 and A3 are arrested and they are still in prison. It is a case of case in counter. The injured has been discharged from the hospital. 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, Nilakkottai 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 respondent police 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 stands dismissed.

sd/- 20/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NILAKKOTTAI, DINDIGUL DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE,AMMAYANAICKANUR POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.S.ISRAEL Advocate SR.No.20632 GCG CSL/BS/SAR-II/24.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.4733 of 2017 Date :20/04/2017 https://hcservices.ecourts.gov.in/hcservices/