Madras High CourtCRL OP(MD)/9194/2017granted

P.Thommai v. The Inspector Of Police

2017-07-18Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.9194 of 2017 1 P.THOMMAI 2 SANTHA GURUS 3 SOOSAI ARULAPPAN ... PETITIONERS / ACCUSED NO.1,3 & 9 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.176/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.G.THALAMUTHARASU 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, A3 and A9, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b) and 506(ii) IPC, in Crime No.176 of 2017, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners formed an unlawful assembly, attacked the defacto complainant, abused him in filthy language and also threatened him with dire consequences.

3. The learned counsel appearing for the petitioners states that the petitioners did not commit any offence as alleged by the de-facto complainant. Due to previous enmity, the present false complaint has been lodged by the defacto complainant. The petitioners are ready to cooperate with the enquiry.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally nine accused in this case. The petitioners are A1, A3 and A9. The other petitioners are still absconding. The investigation is pending.

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5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Valliyur, on condition that each petitioner 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 report before respondent Police, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.

7. 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 shall stand dismissed.

sd/- 18/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYUR.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.THALAMUTHARASU Advocate SR.No.26930

ORDER

IN CRL OP(MD) No.9194 of 2017 Date :18/07/2017 MKV-PM-PN-SAR 1/21.7.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/