Karuppasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.9136 of 2017 1 KARUPPASAMY 2 SENTHILKUMAR ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.
CRIME NO.117/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.J.WILLIAM CHIRSTOPHER 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/A1&A2, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 147, 148, 341, 294(b), 324 and 506(ii) of Indian Penal Code, in Crime No.117 of 2017, seek anticipatory bail.
2. The case of the prosecution is that there was a land dispute between the de facto complainant and the accused herein. The first accused is said to have attacked with Aruval on the head of the de facto complainant and the second accused is attacked with iron rod on the shoulder and back side of the de facto complainant.
3. The learned counsel appearing for the petitioners states that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.
4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally two accused in this case and the petitioners herein are arrayed as A1 and A2 respectively. He would further submit that the injured was discharged from hospital on 01.08.2017 and alleged occurrence took place on 01.07.2017.
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5. Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital and the specific over tact attributed against the petitioners, 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, on condition that each petitioners shall execute 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 respondent police or the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall stay at Madurai and report before the learned Judicial Magistrate -II, Madurai daily at 10.30 a.m., until further orders. The petitioners shall comply with the conditions 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/- 02/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.
2 THE JUDICIAL MAGISTRATE NO.II, MADURAI.
3 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
4 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 5 THE INSPECTOR OF POLICE, NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.J.WILLIAM CHIRSTOPHER Advocate SR.No.27995
ORDER
IN CRL OP(MD) No.9136 of 2017 Date :02/08/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-MSA-SAR 1/4.8.2017/2P-8C