Madras High CourtCRL OP(MD)/19265/2016partly allowed

Chelladurai v. The Sub Inspector Of Police,

2016-10-06Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.19265 of 2016 1 CHELLADURAI 2 VENKATESH @ VENKATESWARAN ... PETITIONERS/ACCUSED 1 & 2 Vs THE SUB INSPECTOR OF POLICE, MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.140 OF 2016 ... RESPONDENT/COMPLAINANT FOR PETITIONERS: M/S.S.SUNDARAPANDIAN, ADVOCATE FOR RESPONDENT : Mrs.S.PRABHA, GOVERNMENT 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 147, 341, 506(ii) and 109 IPC, in Crime No.140 of 2016, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to a wordy quarrel, in respect of election dispute, the petitioners attacked the defacto complainant.

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 petitioners are arrayed as A1 an A2 and due to wordy quarrel, the incident occurred. She further submitted that A1 is having previous cases of this nature and A2 is not having any previous case.

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

5.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the second petitioner/A2 with the following condition. Accordingly, the second petitioner/A2 is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, within a period of 10 days from the date on which the order copy made ready, and on his 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 second petitioner/A2 shall appear before the jurisdictional Court daily at 10 a.m. until further orders. The second petitioner/A2 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6. Considering the antecedents of the first petitioner, this petition is dismissed in respect of the first petitioner/A1. sd/- 06/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT.

2. THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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

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

+1. CC to M/S.S.SUNDARAPANDIAN Advocate SR.No. 60626

ORDER

IN CRL OP(MD) No.19265 of 2016 Date :06/10/2016 JIKR SD/SS-2/SAR-II : 17/10/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/