Madras High CourtCRL OP(MD)/10694/2018partly allowed

Balamurugan v. The Sub Inspector Of Police

2018-06-28Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10694 of 2018 1 BALAMURUGAN 2 SILAMBARASON 3 BARATHI 4 SURENDRAN ... PETITIONERS/ACCUSED A1,A2,A4 & A6 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE VALANDOOR POLICE STATION, MADURAI DISTRICT.

CR NO. 79/2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.A.MITHUNCHAKRAVARTHI Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 324, 307 and 506(ii) I.P.C. in Crime No.79 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal side) for the respondent. 3.It appears that the petitioners 1 to 3 have used weapons and caused injuries in question. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners 1 to 3. Accordingly, this Criminal Original Petition is dismissed in respect of the petitioners 1 to 3.

4.The fourth petitioner is said to have used a minor weapon and assaulted on the hand of the defacto complainant's son. There is no previous case against the fourth petitioner. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the fourth petitioner. Accordingly, the fourth petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, https://hcservices.ecourts.gov.in/hcservices/

Usilampatti, Madurai and on his 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 fourth Petitioner shall appear before the respondent police as and when required for interrogation. The fourth petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The fourth petitioner 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 shall stand dismissed.

sd/- 28/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE VALANDOOR POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.A.MITHUNCHAKRAVARTHI Advocate SR.No.11612 MSA GJM/RR/VK/3.7.18-2P-6C

ORDER

IN CRL OP(MD) No.10694 of 2018 Date :28/06/2018 https://hcservices.ecourts.gov.in/hcservices/