Boominathan, v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6497 of 2017 1 BOOMINATHAN 2 VENI ... PETITIONER/ACCUSED NOS.1 & 2 Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE, NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.
CRIME NO.85/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.MARIMUTHU Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 & A2 in Crime No.85 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioners submitted that due to family dispute, the petitioners are alleged to have abused the defacto complainant and his wife in filthy language, threatened them and also attacked them with deadly weapons. He would further submit that the petitioners are husband and wife respectively. The defacto complainant is none other than the father of the first petitioner / A1. Due to family dispute, the present false complaint has been lodged by the defacto complainant. The petitioners are innocent. They have not committed any offence as alleged in the complaint. They have been falsely implicated in this case. 4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that the injured has been discharged from the hospital and that the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Aruppukottai and on each 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 shall appear before the respondent Police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.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 shall stand dismissed.
sd/- 05/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE SUB INSPECTOR OF POLICE, NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.MARIMUTHU Advocate SR.No.23139 GCG CSL/BS/SAR-IV/07.06.2017 : 2P/6C
ORDER
IN CRL OP(MD) No.6497 of 2017 Date :05/06/2017 https://hcservices.ecourts.gov.in/hcservices/