Denson v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.17832 of 2018 1 DENSON 2 MANOJ 3 REJISH 4 D.ROBERT 5 SEIK MOHAMMED ... PETITIONERS / ACCUSED NO.1 TO 5 Vs STATE REP. BY THE INSPECTOR OF POLICE, MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

(IN CR NO. 403 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.T.ANTONY ARUL RAJ Advocate For Respondent : MR.M.ASOKAN, Govt. Advocate ( Crl. Side) For Intervenor : MR.R.MANIMARAN, Advocate 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 147, 148, 447, 294(b), 324, 379 and 506(ii) I.P.C, in Crime No.403 of 2018, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute between the petitioners and the defacto complainant, the petitioners assaulted the defacto complainant and also threatened him with dire consequences. Hence the complaint.

3.Heard the learned counsel for the petitioners. 4.The defacto complainant was represented by his counsel and vehemently opposed the grant of the anticipatory bail. 5.The learned Government Advocate for the respondent would submit that there is a counter case and the injured has already been discharged from the hospital.

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6.Considering the facts and circumstances of the case, 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, Kuzhithurai, Kanyakumari 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/- 05/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI, KANYAKUMARI DISTRICT.

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

3 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.ANTONY ARUL RAJ Advocate SR.No.18940

ORDER

IN CRL OP(MD) No.17832 of 2018 Date :05/10/2018 JM/PN/SAR 3/08.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/