Madras High CourtCRL OP(MD)/755/2017granted

Alagappan, v. The Inspector Of Police,

2017-01-30Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.755 of 2017 1 ALAGAPPAN 2 KARTHI 3 SOLAIAPPAN ... PETITIONERS/ACCUSED NO.1 TO 3 Vs THE STATE THROUGH THE INSPECTOR OF POLICE, ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.49/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.J.CHAKKARAVARTHY Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 3, in Crime No.49 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 448, 294(b), 323, 324, 506(ii) of I.P.C and hence, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned Government Advocate(Crl. Side) on instructions submitted that there are totally three accused in this case, who are the petitioners herein and the petitioners have attacked the defacto complainant with stick and iron rod and caused head injuries and the injured was discharged from the hospital.

4.The learned counsel for the petitioners submitted that the defacto complainant demanded more wages from the first petitioner and the same was refused and thereafter, the defacto complainant created problem to the petitioners and they are innocent persons and they have not involved in this case.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, 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, Aruppukkottai 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 shall appear before the respondent police daily at 10.30 a.m., for a period of eight weeks. 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 stands dismissed.

sd/- 30/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ARUPPUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.J.CHAKKARAVARTHY Advocate SR.No.4789 PM CSL/SV-MMS/SAR-III/01.02.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.755 of 2017 Date :30/01/2017 https://hcservices.ecourts.gov.in/hcservices/