Sangan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.23162 of 2016 1 SANGAN 2 MANIMEGALAI 3 SANGEETHA 4 RAKKAMMAL 5 RAKKU 6 PAPPATHI ... PETITIONERS/ACCUSED No.2,4,5,6,8 and 11 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, ILAYANKUDI POLICE STATION, ILAYANKUDI TALUK, SIVAGANGAI DISTRICT.
(CR.NO.348/2016) ... RESPONDENT/COMPLAINANT FOR PETITIONERS : M/S.B.PRAHALAD RAVI, ADVOCATE FOR RESPONDENT : Mr.P.KANDASAMY, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners/accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 147, 148, 294(b), 323, 324, 427 and 506(ii) IPC in Crime No.348 of 2016 on the file of the respondent police. 2.The case of the prosecution is that the petitioners along with other accused assaulted and abused the defacto complainant with stick and other weapons due to which the defacto complainant sustained injuries.
3.Learned Government Advocate (Crl. Side) would submit that it is the case of case and counter and the victim sustained simple injuries.
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4. Learned counsel for the petitioners submits that false complaint has been lodged.
5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;
(b) In the event of appearance before the Judicial Magistrate, Ilayankudi, Sivagangai District, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with one surety each for the like sum to their satisfaction; (ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer;
(iii) first petitioner shall appear before respondent police daily at 10.30 a.m until further orders and the petitioners 2 to 6 shall appear before the concerned court on every Monday at 10.30 a.m until further orders.
sd/- 09/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, ILAYANKUDI, SIVAGANGAI DISTRICT.
2. THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3. THE INSPECTOR OF POLICE, ILAYANKUDI POLICE STATION, ILAYANKUDI TALUK, SIVAGANGAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.B.PRAHALAD RAVI Advocate SR.No. 80470
ORDER
IN CRL OP(MD) No.23162 of 2016 Date :09/12/2016 CM TE/SS-3/SAR-III : 12/12/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/