Madras High CourtCRL OP(MD)/7161/2017ordered

Sumathi v. The Inspector Of Police

2017-06-16Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7161 of 2017 1 SUMATHI 2 JHANSI RANI 3 MOOKAMMAL 4 SERMAIKANI ... PETITIONERS/A3,A4,A5 & A6 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE PALANICHETTIPATTI POLICE STATION, PALANICHETTIAPTTI POST, THENI DISTRICT, CRIME NO.409/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. M. KARUPPASAMY PANDIAN 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 A3 to A6 in Crime No.409 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 147, 294(b), 323 & 506(i) IPC 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 pathway dispute, the petitioner is alleged to have abused the defacto complainant in filthy language and threatened him with dire consequences. He would further submit that the the petitioner and the defacto complainant are adjacent land owners. As a counterblast to the complaint lodged by the petitioners, 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.

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4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that the investigation is pending.

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, Theni 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 as and when required for interrogation. 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 automatically dismissed.

sd/- 16/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THENI.

2 THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE INSPECTOR OF POLICE PALANICHETTIPATTI POLICE STATION, PALANICHETTIAPTTI POST, THENI DISTRICT.

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

+1. CC to M/S. M. KARUPPASAMY PANDIAN Advocate SR.No.24614 GCG CSL/RR-BS/SAR-I/21.06.2017:2P/6C

ORDER

IN CRL OP(MD) No.7161 of 2017 Date :16/06/2017 https://hcservices.ecourts.gov.in/hcservices/