A.Arunachalam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.19462 of 2016 1 A.ARUNACHALAM 2 A.PATHIRAKALI 3 MUTHU LASHMI 4 K.VAIKUNDA RAJAN @ VAIKUNDARAJ ... PETITIONERS / ACCUSED (1 TO 4) Vs STATE THROUGH THE INSPECTOR OF POLICE THATTAPARAI POLICE STATION, TUTICORIN DISTRICT CRIME NO.86/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MOORTHY Advocate For Respondent : MRS.S.PRABHA Govt. 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 pray for grant of anticipatory bail under Section 438 of Cr.P.C. for offences punishable under Sections 294(b), 506(ii) IPC and Section 4 of Women Harassment Act, in Crime No.86/2016 on the file of respondent police.

2. The case of the prosecution is that on 18.09.2016, the de-facto complainant was entered in to the petitioner's premise for settle the debt, but the petitioners jointly refused to repay the amount and hence some wordy quarrel arises between them and subsequently threatened the de-facto complainant.

3. The learned counsel for the petitioners submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submits that both parties are living in the same area and due to wordy quarrel the said occurrence is happened.

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4. Learned Government Advocate (Crl. Side) submits that no one sustained injury.

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; (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.I, Tuticorin, 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) The petitioners shall be available for interrogation by the respondent police daily at 10.30 a.m until further orders. sd/- 26/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GSR TO 1 THE JUDICIAL MAGISTRATE NO.I, TUTICORIN 2 THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE THATTAPARAI POLICE STATION, TUTICORIN DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.MOORTHY Advocate SR.No.64076 GJM/CK/SAR-I-2.11.16-2P-6C

ORDER

IN CRL OP(MD) No.19462 of 2016 Date :26/10/2016 https://hcservices.ecourts.gov.in/hcservices/