Madras High CourtCRL OP(MD)/773/2017granted

Thirumalaikumar v. The Inspector Of Police,

2017-01-31Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.773 of 2017 1 THIRUMALAIKUMAR 2 SATHESH ... PETITIONERS / ACCUSED NO.1&2 Vs THE STATE, REP.BY THE INSPECTOR OF POLICE, CHINNAKOVILANKULAM POLICE STATION, THIRUNELVELI DISTRICT.

(CRIME NO.166 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.KARMEGAM 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 and 2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 342, 324 and 506(ii) of I.P.C., in Crime No.166 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that on 28.12.2016 at 3.30 p.m., the petitioners said to have attacked the de-facto complainant with knife and caused simple injury to the de-facto complainant.

3. The learned counsel for the petitioners states that the petitioners are innocent persons and they have been falsely implicated in this case due to civil dispute between them.

4. The learned Government Advocate (Crl.side) states that totally there are two named accused and others and the petitioners, who are the accused Nos.1 and 2 respectively and there is a civil dispute between the de-facto complainant and the petitioners herein. He further states that the injured has been discharged from the hospital.

5. Considering the above facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/

petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Sankarankovil, Tirunelveli District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of three weeks and thereafter as and when required. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 31/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AKV TO 1 THE JUDICIAL MAGISTRATE SANKARANKOVIL, TIRUNELVELI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, CHINNAKOVILANKULAM POLICE STATION, THIRUNELVELI DISTRICT.

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

+1. CC to M/S.K.KARMEGAM Advocate SR.No.5222 GJM/SV/MMS/SAR-2-3.2.17-2P-6C

ORDER

IN CRL OP(MD) No.773 of 2017 Date :31/01/2017 https://hcservices.ecourts.gov.in/hcservices/