Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr Justice R.MAHADEVAN CRL OP(MD) No.23888 of 2016 1 BALAMURUGAN 2 MAHESWARI ... PETITIONERS/ACCUSED 1&2 Vs STATE REP BY THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT, (CRIME NO.655/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : M/S.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 in Crime No.655 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 341 and 506 (ii) of I.P.C and hence, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner abused the defacto complainant with filthy language and pushed him down and threatened him with dire consequences.

3. Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State and the learned counsel for the intervenor.

4. The learned Government Advocate (Crl. Side) on instructions submitted that the injured is treated as out patient. 5.Considering the facts and circumstances of the case and also considering the fact that the injured is treated as out patient, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners https://hcservices.ecourts.gov.in/hcservices/

are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Kovilpatti 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 twice at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter 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 stands dismissed.

sd/- 29/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I KOVILPATTI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT +1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.83701 RL/6C/2P/CK/SARI/30.12.2016

ORDER

IN CRL OP(MD) No.23888 of 2016 Date :29/12/2016 https://hcservices.ecourts.gov.in/hcservices/