Baskaran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17594 of 2018 1 BASKARAN 2 MOORTHY @ SORNAMOORTHY 3 MANIKANDAN ... PETITIONERS / ACCUSED NO.2 TO 4 Vs STATE REP. BY THE SUB INSPECTOR OF POLICE, ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT (CR NO.77 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.MUTHUKUMAR 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 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 352 and 506(i) I.P.C and Section 4 of Women Harassment Act in Crime No.77 of 2018, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute between the petitioners and the de-facto complainant, the petitioners abused him with filthy language. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the second petitioner's mother 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 grant anticipatory bail to the petitioners.

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4.The learned Government Advocate (Criminal side) submitted that the investigation is pending.

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, Devakottai 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/- 03/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

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

3 THE SUB INSPECTOR OF POLICE ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.S.MUTHUKUMAR Advocate SR.No.18858

ORDER

IN CRL OP(MD) No.17594 of 2018 Date :03/10/2018 JM/PN/SAR 4/12.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/