Balliya v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16263 of 2018 1 BALLIYA 2 BALAMURUGAN ... PETITIONERS / ACCUSED 1 & 2 Vs THE STATE REP.BY ITS THE SUB INSPECTOR OF POLICE, NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO. 133 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.A.BASKARAN Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecuto. 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), 324, 506 (ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 in Crime No.133 of 2018, seek anticipatory bail.

2. The case of the prosecution is that on 03.09.2018 due to wordy quarrel between the parties, the petitioners assaulted and threatened the de-facto complainant. Therefore, they were sustained injuries. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that 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 did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the injured have been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering 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, Aruppukottai, and on theirp 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/- 11/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE , ARUPPUKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTTUR.

3 THE SUB INSPECTOR OF POLICE NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADIRAS HIGH COURT, MADRAI.

+1. CC to M/S.A.BASKARAN Advocate SR.No.17558 PS/PN/SAR-2:18/09/2018:2P/6C

ORDER

IN CRL OP(MD) No.16263 of 2018 Date :11/09/2018 https://hcservices.ecourts.gov.in/hcservices/