Rajendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15254 of 2018 1 RAJENDRAN 2 KALINGS @ KALINS ... PETITIONERS/ACCUSED No.1 & 2 Vs STATE REP.BY, THE INSPECTOR OF POLICE, KULASEKARAM POLICE STATION, KANYAKUMARI DISTRICT.

IN CR NO. 170 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.S.PALANI VELAYUTHAM, Advocate For Respondent : MRS.M.ANANTHADEVI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 332 and 506(i) I.P.C. in Crime No.170 of 2018. They seek anticipatory bail. 2.The case of the prosecution is that based on the information, the defacto complainant, who is the Village Administrative Officer along with the village assistant went to the scene of occurrence and informed not to take sand in the place of Echancode to one Prabhu, who is the owner of the said property. Thereafter, the petitioners went to the scene of occurrence and disturbed the defacto complainant in discharging his official duty and beaten the defacto complaint. Thereby, he sustained injuries. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons. They have been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submitted that the injured has been treated as an out patient.

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5.Taking note of the facts and circumstances, 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 No.II, Padmanabhapuram, Kanyakumari District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 conditions 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 shall stand dismissed.

sd/- 28/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO II, PADMANABHAPURAM, KANYAKUMARI DISTRICT 2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE KULASEKARAM POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.S.PALANI VELAYUTHAM Advocate SR.No.16448

ORDER

IN CRL OP(MD) No.15254 of 2018 Date :28/08/2018 PK/RR/SAR-1/03.09.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/