Thangavel Thevar Alias v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18556 of 2016 1 THANGAVEL THEVAR ALIAS PONNUSAMY THEVAR 2 RAMAR PANDIAN 3 V. MUTHURAMALINGAM 4 M. VELLADURAI ... PETITIONERS/ACCUSED Nos.1 to 4 Vs THE STATE REP BY THE INSPECTOR OF POLICE KAYATHARU POLICE STATION, TUTICORIN DISTRICT, (CRIME NO.375 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.MANOJ KUMAR Advocate For Respondent : M/S.K.V.RAJARAJAN, Government 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 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 and 506(ii) IPC, in Crime No.375 of 2016 on the file of the respondent police. 2.The case of the prosecution is that due to wordy quarrel arose between the defacto complainant and the first petitioner with respect to property dispute, the petitioners 2 to 4 have come forward to settle the issue and advised both of them not to have any quarrel. With regard to the settlement talks of the petitioners 2 to 4, the defacto complainant gave a complaint stating that the petitioners have scolded him and threatened him. 3.The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case.
4.Heard the learned Government Advocate (Crl. Side). 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; https://hcservices.ecourts.gov.in/hcservices/
(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 No.II, Kovilpatti, Tuticorin District, 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) petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required.
sd/- 28/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.II KOVILPATTI TUTICORIN DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE KAYATHARU POLICE STATION, TUTICORIN DISTRICT, +1. CC to M/S.R.MANOJ KUMAR Advocate SR.No.56865 RL/6C/2P/SKS/RR/SAR2/5.10.2016
ORDER
IN CRL OP(MD) No.18556 of 2016 Date :28/09/2016 https://hcservices.ecourts.gov.in/hcservices/