Madras High CourtCRL OP(MD)/4484/2017disposed of

Chellappa v. The Inspector Of Police

2017-04-17Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4484 of 2017 1 CHELLAPPA 2 TAMILMARAN ... PETITIONERS/ACCUSED NO.1 TO 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUPPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT CRIMENO.131 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUTHUMALAI RAJA Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 and 2 in Crime No.131 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(ii) of IPC and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that due to previous enmity, the petitioners abused the defacto complainant with filthy language and attacked him with hands and threatened him. 4.The learned Government Advocate(Crl.Side) appearing for the respondent on instructions submitted that the injured has been discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, 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 his appearance before the learned District Munsif cum Judicial Magistrate, Thiruppathur, Sivagangai District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners https://hcservices.ecourts.gov.in/hcservices/

shall appear before the respondent police once in a week i.e. on every Monday at 10.30 a.m. until further orders, for interrogation. The petitioners shall comply with the condition 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 stands dismissed.

sd/- 17/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUPPATHUR, SIVAGANGAI DISTRICT 2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, SVIAGANGAI 3 THE INSPECTOR OF POLICE THIRUPPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUTHUMALAI RAJA Advocate SR.No.20273

ORDER

IN CRL OP(MD) No.4484 of 2017 Date :17/04/2017 AAM-PM PN/SAR 3/19.04.2017 2P 6c https://hcservices.ecourts.gov.in/hcservices/