Anandh @ Thirumalaikumar, v. The Inspector Of Police,
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.22952 of 2018 1 ANANDH @ THIRUMALAIKUMAR 2 KALIRAJ ... PETITIONERS / ACCUSED Nos. 1 & 2 Vs STATE REP. BY, THE INSPECTOR OF POLICE, SENKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.
(CRIME NO.584 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR.S.SUNDARAPANDIAN Advocate For Respondent : MR.A.ROBINSON, Govt. 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 offences punishable under Sections 147, 294(b), 365, 342, 323, 324, 506(ii) I.P.C r/w 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Amendment Act 2015 altered into under Sections 294(b), 365, 342, 323, 324, 506(ii), 109 and 202 I.P.C, in Crime No.584 of 2018, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 15.12.2018, the petitioners' children were playing football in a street, when they kicked the ball, it has fallen on the defacto complainant's two wheeler, due to which, there was a quarrel arose between them. Hence a case has been registered against the petitioners herein. The first petitioner herein also lodged a complaint against the defacto complainant before the respondent police and the same was registered in Crime No.585 of 2018.
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, they are innocent and they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case.
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5.The learned Government Advocate [Criminal Side] submitted that the injured has been discharged from the hospital on 21.12.2018.
6. Considering the facts and circumstances of the case and also considering the fact that the dispute arose on account of wordy quarrel and the injured has been discharged from the hospital and also case and counter case, 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, Senkottai 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, Senkottai 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, SHENKOTTAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, SENKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.S.SUNDARAPANDIAN Advocate SR.No.24087
ORDER
IN CRL OP(MD) No.22952 of 2018 Date :27/12/2018 MSI/JC/SAR-IV/ 02.01.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/