D.Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19808 of 2016 1 D.MURUGAN 2 M.DEVARPIRAN 3 M.GANESAN 4 G.ARUNACHALAM 5 G.SHANMUGASUNDARAM 6 A.PRABAKARAN 7 M.VADIVAMMAL ... PETITIONERS / ACCUSED Vs THE INSPECTOR OF POLICE SRIVAIGUNDAM POLICE STATION, TUTICORIN DISTRICT ... RESPONDENT / COMPLAINANT IN CRIME NO.294/2016 For Petitioner : M/S.V.MAHARAJAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, 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 offence punishable under Sections 147, 148, 294(b), 323 and 506(ii) I.P.C., in Crime No.294 of 2016, on the file of the respondent Police and seek anticipatory bail.

2. The case of the prosecution is that on 05.10.2016, at about 09.30 p.m., the petitioners attacked the de facto complainant and others and threatened them with dire consequences.

3. The learned counsel for the petitioners submitted that the petitioners are innocents, they have no connection with this case and they have been falsely implicated in this case.

4. It is submitted by the learned Government Advocate (Crl.Side) that this is a case and counter and the counter case has been registered in Crime No.295 of 2016 and the injured persons have already been discharged from the hospital.

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5. Considering the submissions made by the learned Government

Advocate (Crl.Side) and also considering the fact that this is a case and counter and the injured persons have already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Srivaigundam, Tuticorin District, and on each of them 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 petitioners 1 to 6 shall appear before the respondent police, daily at 10.00 a.m., until further orders and the 7th petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail would stand dismissed.

sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to M/S.V.MAHARAJAN Advocate SR.No.60771 JAM/19.10.16/CK/SAR I/2P-6C

ORDER

IN CRL OP(MD) No.19808 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/