K. Jeyaganesan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9541 of 2016 1 K.JEYAGANESAN 2 P.SHANMUGARAJ 3 G.SENTHIL 4 K.PANDI ... PETITIONERS/ACCUSED No.1 TO 4 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE NARAIKINARU POLICE STATION, TUTICORIN DISTRICT.

(CRIME NO. 20 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.BASKAR MATHURAM 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 4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 341, 323, 355 and 506(i) I.P.C., in Crime No.20 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to election dispute, the petitioners abused the de facto complainant in filthy language and attacked him with hands and threatened him with dire consequences. On complaint, case has been registered for the above said offences. 3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and they have been falsely implicated in this case and prays for anticipatory bail in favour of the petitioners. 4.It is submitted by the learned Government Advocate (Crl.Side) that the injured person sustained only simply injury and due to election dispute, the petitioners abused the de facto complainant in filthy language and attacked him. Both of them are belonging to different political parties and different community and if they are released on anticipatory bail, there is a possibility of communal clash between them and prayed for dismissal of the petition.

5.Considering the facts and circumstances of the case and also considering the fact that the injured person sustained only simply injury, 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 https://hcservices.ecourts.gov.in/hcservices/

appearance before the learned Judicial Magistrate No.2, Kovilpatti, Tuticorin 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 shall stay at Madurai and appear before the Inspector of Police, Tallakulam Police Station, Madurai daily at 10.00 a.m., until further orders. 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/- 21/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II KOVILPATTI,TUTICORIN DISTRICT.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI.

4 THE SUB INSPECTOR OF POLICE NARAIKINARU POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S S.BASKAR MATHURAM Advocate SR.No.31724

ORDER

IN CRL OP(MD) No.9541 of 2016 Date :21/06/2016 PA/GSV-PM/SAR I/23.06.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/