Madras High CourtCRL OP(MD)/19269/2016granted

Marieswaran v. The 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.19269 of 2016 1 MARIESWARAN 2 RAMALAKSHMI .

3 LAKSHMANAN .

4 SEENIVASAN 5 DEVAKI ... PETITIONER/ ACCUSED No.1,2,3,4 & 5 Vs THE INSPECTOR OF POLICE ALWARTHIRUNAGARI POLICE STATION, THOOTHUKUDI DISTRICT, CR NO. 163/216 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.SAMUEL GUNASINGH 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, 294(b), 355, 323 and 506(ii) of IPC, in Crime No.163 of 2016, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused persons assaulted the defacto complainant and caused bleeding injuries thereby committed the offence.

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 to A5 and the injured has been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the

hospital, 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, Srivaikundam, 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.10,000/- (Rupees Ten 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, 3 and 4 shall appear before the respondent police daily at 10 a.m. until further orders and the petitioners 2 and 5 shall appear before the jurisdictional Court once in a week on every Monday at 10 a.m. until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. sd/- 06/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to M/S.P.SAMUEL GUNASINGH Advocate SR.No.60622

ORDER

IN CRL OP(MD) No.19269 of 2016 Date :06/10/2016 jikr SH/SS-2/SAR-3:14.10.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/