Madras High CourtCRL OP(MD)/22875/2018ordered

Stalin v. The Inspector Of Police

2018-12-27Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD) No.22875 of 2018 1 STALIN 2 PREM CHOUDHRI 3 KUMARESAN ... PETITIONERS / ACCUSED ( RANK NOT KNOWN ) Vs STATE REP. BY THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TRICHY CITY.

CRIME NO.2116/2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.P.MANI ANANDH, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b) and 506(ii) I.P.C in Crime No.2116 of 2018 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 19.12.2018, there was a wordy quarrel between the petitioners and the de-facto complainant with regard to affixing of their association poster on the wall, due to which the petitioners attacked the de-facto complainant and abused him with filthy language. Thereby he sustained injuries. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate [Criminal Side] appearing for the respondent.

4. According to the petitioners, the 3rd petitioner made a complaint against the de-facto complainant and a case has been registered in Crime No.2117 of 2018, for the offence punishable under Sections 294(b), 323 and 506(i) of IPC, before the respondent police and as counter complaint, this case is foisted against them.

5. The learned Government Advocate [Criminal side] for the respondent submitted that no one sustained injury in that occurrence.

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6. Considering the facts and circumstances of the case and also considering the fact that the dispute arose on account of wordy quarrel and no one sustained injury in that occurrence, this Court is inclined to grant Anticipatory Bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Trichy and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate No.II, Trichy concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30.am., until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7. 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 shall stand dismissed.

sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TRICHY CITY.

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

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No.24072

ORDER

IN CRL OP(MD) No.22875 of 2018 Date :27/12/2018 JM/PN/SAR 2/03.01.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/