Madras High CourtCRL OP(MD)/13044/2019granted

Devaki v. The Sub Inspector Of Police

2019-09-19Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.13044 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.13044 of 2019

1. Devaki

2. Govindaraj

3. Kumar ... Petitioners/Accused No.3 to 5 Vs State rep.by, The Sub Inspector of Police, Bodinaickanur Rural Police Station, Theni District.

(Crime No. 437/2019). ... Respondent/Complainant For Petitioner : M/s. D. Saravanan, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 437 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 306 of I.P.C., in Crime No. 437 of 2019, on the file of the respondent police, seek anticipatory bail.

3.The petitioners and the deceased are neighbors. There was a dispute between them regarding the damage caused to the house of the deceased on account of digging of bore well by the petitioners herein. It is alleged that a day prior to the occurrence, there was a quarrel, in which, the second accused is said to have assaulted the deceased with broom stick. Unable to appear the same, the deceased is said to have committed suicide by hanging himself. That led to the registration of the present First Information Report. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13044 of 2019 4.I am of the view that arrested of the petitioners will not be going to serve any purpose. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Bodi, 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.

5.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/- 19/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, BODI, THENI DISTRICT. 2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3.THE SUB INSPECTOR OF POLICE BODINAICKANUR RURAL POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.D.SARAVANAN Advocate SR.No.15857

ORDER

IN CRL OP(MD) No.13044 of 2019 Date :19/09/2019 SJI PK/SKN/SAR-1/19.09.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2