Babu K @ Murugesan 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.9328 of 2016 1 BABU K @ MURUGESAN 2 KANAGAMONY 3 VIJAYAN ... PETITIONERS/ACCUSED NO.1 TO 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO. 388/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.SIVAKUMAR Advocate For Respondent : MR.K.ANBARASAN, 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 to 3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b),323 and 506(i) of IPC, in Crime No.388 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel the petitioners attacked the defacto complainant and also abused him in filthy language.

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.

5.Considering the facts and circumstances of the case and also considering the fact that it is a simple injury and 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 https://hcservices.ecourts.gov.in/hcservices/

on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Kuzhithurai 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 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 NO.I, KUZHITHURAI.

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

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

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

+1. CC to M/S S.SIVAKUMAR Advocate SR.No.30465 TRP CSL/NGM-MP/SAR-III/20.06.2016 : 2P/6C

ORDER

IN CRL OP(MD) No.9328 of 2016 Date :15/06/2016 https://hcservices.ecourts.gov.in/hcservices/