Madras High CourtCRL OP(MD)/16658/2018ordered

Suriya v. The Inspector Of Police

2018-09-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16658 of 2018 1 SURIYA 2 SANKAR ... PETITIONER / ACCUSED NO. 1 & 2 Vs STATE REP. BY THE INSPECTOR OF POLICE, THIRUVADANAI POLICE STATION, RAMANATHAPURAM DISTRICT.

( IN CR NO. 134 OF 2018 ) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.PALANI RAJA Advocate For Respondent : MR.M.ASOKAN, 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), 324 and 506(ii) of I.P.C. in Crime No.134 of 2018, seek anticipatory bail.

2.The case of the prosecution is that due to previous pathway disputes between both the parties, the petitioners threatened the de-facto complainant and abused him with filthy language. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit the petitioners are innocent persons and a false case has been foisted against them. He would further submit that the first petitioner's mother made a complaint against the de-facto complainant and a case has been registered in Crime No.133 of 2018, before the respondent police. It is a case of case in counter. He would also submit that the petitioners did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioners.

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4. The learned Additional Public Prosecutor appearing for the respondent would submit that the injured has been treated as out patient.

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, Thiruvadanai, Ramanathapuram 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/- 18/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE, THIRUVADANAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.M.PALANI RAJA Advocate SR.No. 17707

ORDER

IN CRL OP(MD) No.16658 of 2018 Date :18/09/2018 JM/VR MMS/SAR 2/20.09.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/