Jayasingh, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16146 of 2018 1 JAYASINGH 2 SHIJO 3 VIJAYAKUMAR ... PETITIONERS / ACCUSED 1 - 3 Vs STATE REP. BY THE INSPECTOR OF POLICE, ARUMANAI POLICE STATION, KANYAKUMARI DISTRICT.

( CR.NO.160 OF 2018 ) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.K.M.APPAJI Advocate For Respondent : M/S.M.ANANTHA DEVEI, 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 offences punishable under Sections 294(b), 323 and 506(i) I.P.C. in Crime No.160 of 2018, seek anticipatory bail.

2.The case of the prosecution is that on 01.09.2018, the defacto complainant and one Baburaj were standing nearby the CSI Church at Sidharal, while the petitioners abused the defacto complainant with filthy language and assaulted him. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. It is a case of case in counter. Hence, he prays for anticipatory bail. 4.The learned counsel for the intervener submitted that the defacto complainant is a practising Advocate and he was assaulted by the accused persons. Thereby, he sustained injuries. Hence, he vehemently opposed the grant of anticipatory bail to the petitioners.

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

6.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.I, Tirunelveli 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. 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/- 10/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI DISTRICT.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, ARUMANAI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.C.K.M.APPAJI Advocate SR.No. 17230 +1. C.C. to M/S.K.P.NARAYANA KUMAR, Advocate SR.No. 17457

ORDER

IN CRL OP(MD) No.16146 of 2018 Date :10/09/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/VR MMS/SAR 1/17.09.2018/2P/7C