Ammu Kutty v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17158 of 2018 1.AMMU KUTTY 2.RAJAGOPAL @ GOPAL ... PETITIONERS / ACCUSED Nos.1 & 2 Vs STATE REPRESENTED BY INSPECTOR OF POLICE, KALUGUMALAI POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.191 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.MICHAEL BHARATHI Advocate For Respondent : Mr.M.ASOKAN 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 offence punishable under Sections 341, 294(b), 323 and 506(2) of I.P.C., in Crime No.191 of 2018, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to property dispute between the petitioners and the de-facto complainant, the petitioners attacked and threatened the de-facto complainant and her husband. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit the petitioners made a complaint before the respondent police against the de-facto complainant. It is a case of case in counter. He would further submit that the petitioners are innocent persons and a false case has been foisted against them. Hence, he prays for anticipatory bail to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor appearing for the respondent would submit that no one injured in the scene of

occurrence.

5. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner 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.I, Kovilpatti, 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/- 26/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT 3.THE INSPECTOR OF POLICE, KALUGUMALAI POLICE STATION, THOOTHUKUDI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.V.SASIKUMAR Advocate SR.No.18312

ORDER

IN CRL OP(MD) No.17158 of 2018 Date :26/09/2018 sji AE/RR/SAR1/01.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/