Balamurugan, S/O.Packiyam, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.855 of 2016 1 BALAMURUGAN, 2 VINODKANNAN, 3 RAJU, 4 THENMOZHI, 5 SOLAIAMMAL, 6 PARAMESHWARI, ... PETITIONER(S) / ACCUSED Nos.1& 3 to 7 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KARUPPAYURANI POLICE STATION, MADURAI DISTRICT. CR.NO.13 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.KUMARA DHESIGAN Advocate For Respondent : M/S.K.Anbarasan Government 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 in Crime No.13 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 147, 148, 294(b), 323, 324, 341, 336 and 506(i) IPC and hence, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the mother of the first petitioner abused the defacto complainant with filthy language and thrown the stones and threatened him with dire consequences.
3. It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for anticipatory bail in favour of the petitioners.
4.The learned Government Advocate(Crl. Side) submitted that injured had already been discharged from hospital and the fifth petitioner is not arrayed as accused in this case and in the alteration report the name of one Rakku has been included.
5. Since the fifth petitioner is not arrayed as accused, this petition is dismissed as against the fifth petitioner. Considering the facts and circumstances of the case and also considering the fact the https://hcservices.ecourts.gov.in/hcservices/
injured had already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 1,2,3,4 and 6 with certain conditions. Accordingly, the petitioners 1,2,3,4 and 6 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Madurai, and on their executing a separate 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 1 and 2 shall appear before the respondent police daily at 10.00 a.m until further orders and the petitioners 3,4 and 6 shall appear before the respondent police as and when required. The petitioners 1,2,3,4 and 6 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6.The petitioners 1,2,3,4 and 6 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/- 19/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, NO.II, MADURAI.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE, KARUPPAYURANI POLICE STATION, MADURAI DISTRICT. +1. CC to M/S S.KUMARA DHESIGAN Advocate SR.No.3041. TS/20.01.2016/2P-6C/ GSV-AN/SAR II
ORDER
IN CRL OP(MD) No.855 of 2016 Date :19/01/2016 https://hcservices.ecourts.gov.in/hcservices/