Rajagopal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.18596 of 2016 1 RAJAGOPAL 2 BALAMURALI 3 RAJESWARI ... PETITIONERS / ACCUSED Nos.1 to3 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, MADURAI DISTRICT ... RESPONDENT / COMPLAINANT (Crime No.353/2016) For Petitioner : M/S.A.MOHAN Advocate For Respondent : Mr.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 109, 506(ii) of IPC and Section 4 of TNPHW Act, in Crime No.353 of 2016, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner is the husband of the defacto complainant namely Saranya. While so, on 21.09.2016, due to misunderstanding, the petitioners abused the defacto complainant by using filthy language and threatened her with dire consequences and the first petitioner also attacked the defacto complainant with hands and caused injuries to her.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.

4. The learned Government Advocate (criminal side) submitted that the first petitioner is the husband of the defacto complainant and the other petitioners are in-laws. He further submitted that the injured is discharged.

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5.Considering the facts and circumstances of the case and also considering the fact that the injured is discharged, I am inclined to grant anticipatory bail to the petitioners with the following condition. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Melur, within a period of 10 days from the date on which the order copy made ready, and on their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 1 and 2 shall appear before the respondent police daily at 10 a.m. until further orders and the third petitioner shall appear before the respondent police as and when required. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

sd/- 04/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MELUR, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.MOHAN Advocate SR.No.58426 JAM/07.10.16/SK-SKN/SAR I/2P-6C

ORDER

IN CRL OP(MD) No.18596 of 2016 Date :04/10/2016 https://hcservices.ecourts.gov.in/hcservices/