Madras High CourtCRL OP(MD)/18938/2018granted

Arumugam, v. The Inspector Of Police,

2018-11-08Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.18938 of 2018 1 ARUMUGAM 2 SATHISKUMAR 3 THAMARAI ... PETITIONERS / ACCUSED 1 TO A3 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME.NO.142/2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.P.KALIMUTHU Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI 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 A1 to A3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC, in Crime No.142 of 2018, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner's son was murdered by the defacto complainant's family members during January 2018, for which, the de facto complainant was attacked by the petitioners and he sustained injuries on his thigh. Hence, on complaint a case has been registered against the petitioners.

3. The learned counsel appearing for the petitioners submitted that 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 the injured was discharged from the hospital and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case and also considering the fact that the injured had already been discharged from the hospital, 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 No.II, Sivagangai, on condition that each of the 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 learned Magistrate concerned and on further condition that the petitioners shall report before respondent Police daily between 5.00 p.m., and 6.00 p.m., for a period of two weeks and thereafter, 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 stands dismissed.

sd/- 08/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI.

2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3 THE INSPECTOR OF POLICE, POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.P.KALIMUTHU Advocate SR.No21365 PS/PN/SAR-4/13/11/2018/2P/6C

ORDER

IN CRL OP(MD) No.18938 of 2018 Date :08/11/2018 https://hcservices.ecourts.gov.in/hcservices/