Chelladurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15789 of 2018 1 CHELLADURAI 2 KALANJIAM 3 STELLA MERSINA ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs THE STATE REP BY THE INSPECTOR OF POLICE PULIANKUDI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO NOT KNOWN OF 2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : MR.V.NEELAKANDAN, ADDITIONAL PUBLIC PROSECUTOR 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 offences punishable under Sections 294(b), 323 506(i) I.P.C and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.280 of 2018, seek anticipatory bail. 2.The case of the prosecution is that there was a dispute with regard to drainage water channel, the petitioners assaulted the defacto complainant and threatened him with dire consequences. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. They did not commit any offence as alleged by the prosecution. Due to previous motive, the defacto complainant gave a false complaint against the petitioners.

Hence, he prays for anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the injured has been discharged from the hospital.

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, Sivagiri 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/- 04/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGAISTRATE, SIVAGIRI, TIRUNELVELI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE PULIANKUDI POLICE STATION, TIRUNELVELI DISTRICT,

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

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.16784

ORDER

IN CRL OP(MD) No.15789 of 2018 Date :04/09/2018 TR/VR MMS/SAR-2 (07/09/2018) 3P/6C