L.Kandasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) Nos.4592 and 4858 of 2017 1 L.KANDASAMY 2 R.KARTHIKEYAN 3 K.VADIVEL 4 K.KARTHIKEYAN 5 K.KARUPPASAMY 6 P.RAMASAMY S/O.PETHAN, 7 K.PONNAMMAL 8 ANANDAVALLI ... PETITIONERS / ACCUSED RANK NOT KNOWN in CRL OP(MD).No.4592/2017 1 PERIYANNAN 2 LAKSHMI 3 MAYAN @ MAYA SAKATHIVELAN 4 PALANIAMMAL 5 MEIYAN 6 SOLAI ... PETITIONERS / ACCUSED 4,9,10, 11,12 & 13 in CRL OP(MD).No.4858/2017 Vs THE STATE REP.BY THE INSPECTOR OF POLICE AMATHUR POLICE STATION, VIRUDHUNAGAR DISTRICT CRIME NO. NOT KNOWN OF 2017 ... RESPONDENT / COMPLAINANT in CRL OP(MD).No.4592/2017 CRIME NO.137 of 2017 ... RESPONDENT / COMPLAINANT in CRL OP(MD).No.4858/2017 For Petitioner : M/S. C. JEYAPRAKASH Advocate in both the petitions For Respondent : Mrs.S.Prabha Govt. Advocate ( Crl. Side) in both the petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :-
The petitioners, who are arrayed as A1 to A13 in Crime No.137 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 342, 506(ii), 120(b) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 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 learned counsel for the petitioners submitted that due to land dispute, the petitioners along with other accused are alleged to have attacked defacto complainant's groups with deadly weapons. As a counter-blast to the complaint lodged by the petitioners, the present false complaint has been lodged by the defacto complainant. The petitioners are innocent. They have not committed any offence as alleged in the complaint. They have been falsely implicated in this case.
4.The learned Government Advocate appearing for the respondent / Police submitted that it is a case of case in counter. The injured has been discharged from the hospital. The investigation is pending.
5. 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.II, Virudhunagar and on each 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 shall appear before the respondent police once in a week i.e., on every Monday at 10.30 a.m. until further orders. 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/- 21/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE AMATHUR POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +2. CC to M/S. C. JEYAPRAKASH Advocate SR.No.20770,20771 SM:BS:SR 2:26.4.2017:2P/7C
ORDER
IN CRL OP(MD) Nos.4592 & 4858 of 2017 Date :21/04/2017