Lingeswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9274 of 2016 1 LINGESWARAN 2 JEGADISHWARAN 3 NEELAKANDAN 4 GANESAMANI ... PETITIONERS/ACCUSED 1 TO 4 Vs STATE THROUGH THE INSPECTOR OF POLICE, MANAVALAKURICHI POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO. 124/2016) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S H.VELAVADHAS, ADVOCATE FOR RESPONDENT : MR.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 Nos.1 to 4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 342,294(b),323 and 506 (ii) of IPC, in Crime No.124 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that due to family dispute the petitioners attacked the defacto complainant with stick and also threatened him with dire consequences.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that it is a simple injury and the injured person had already been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been

discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Eraniel, Kanyakumari District 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 1 to 3 shall appear before the respondent police daily at 10.00 a.m., until further orders and the fourth petitioner being a lady shall appear before the respondent Police 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/- 15/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, MANAVALAKURICHI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S H.VELAVADHAS Advocate SR.No. 30655

ORDER

IN CRL OP(MD) No.9274 of 2016 Date :15/06/2016 TRP TE/SKS-RR/SAR-I : 20/06/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/