Jayapaul v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.7900 of 2018 1 JAYAPAUL 2 SUGANTHI @ MARIASUGANTHI ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, ILATHUR POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.31 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.MUTHUSAMY Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323 and 506 (i) IPC r/w. Section 4 of TNPWH Act, in Crime No.31 of 2018 and seek anticipatory bail.

2.The learned counsel for the petitioners submitted that the petitioners are innocent persons and due to previous motive, the defacto complainant voluntarily quarrelled with the petitioners. He further submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.

3.The learned Government Advocate (Criminal side) submitted that due to previous motive, a wordy quarrel arose between the petitioners and the defacto complainant, as a result of which, the petitioners are said to have assaulted the defacto complainant and caused injury. He further submitted that injured has been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/

4.Considering the facts and circumstances of the case and taking note of the fact that the injured has been discharged from the hospital, this Court is inclined to grant the relief of anticipatory bail to the petitioners.

5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Magistrate concerned within a period of 10 days from the date of receipt of a copy of this order, on executing a separate 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 Judicial Magistrate, Tenkasi, Tirunelveli District, or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. for two weeks and thereafter, as and when required for interrogation. sd/- 16/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TENKASI, TIRUNELVELI DISTRICT.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE ILATHUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.P.MUTHUSAMY Advocate SR.No.8590

ORDER

IN CRL OP(MD) No.7900 of 2018 Date :16/05/2018 JM/SV MMS/GSR/22.05.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/