Madras High CourtCRL OP(MD)/22832/2013bail granted

Mookaiah v. The Inspector Of Police

2013-12-19Honourable Mr Justice M. Sathyanarayanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.22832 of 2013 1 MOOKAIAH 2 SHANKAR ... PETITIONERS/(*)A1 and A3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE JAMBUNATHAPURAM POLICE STATION, MUSIRI TALUK,TRICHY DISTRICT, CRIME NO.167/2013 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.KANDHA VADIVELAN Advocate For Respondent : M/S.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- This is a case of case in counter. The complaint given on behalf of the petitioners is registered in Crime No.166 of 2013 by the same respondent.

The petitioners, who are arrayed as A-1 and A-2 apprehending arrest at the hands of the respondent police for the alleged commission of offences punishable under sections 294(b), 323 and 506(i) of I.P.C in Crime No.167 of 2013 on the file of the respondent police, said to have been committed on 07.12.2013, seek anticipatory bail.

2.The case of the prosecution is that on 07.12.2013, due to land dispute, the petitioners have attacked the de-facto complainant with wooden sticks.

3. The learned counsel for the petitioners would submit that the petitioners are falsely implicated in this case and nothing to do with the alleged commission of offences. It is the further submission of the learned counsel appearing for the petitioners that the first petitioner is employed as a Conductor.

4. The learned Government Advocate(Crl. Side) would submit that the injured after treatment, has been discharged from the hospital and the petitioners are not having any bad antecedents. https://hcservices.ecourts.gov.in/hcservices/

5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(crl. Side) appearing for the State and perused the materials available on record.

6. Considering the above facts and circumstances of the case, this Court is inclined to enlarge them on anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, (**)Thuraiyur and on each of them 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 first petitioner shall appear before the respondent police on every Sunday at 11.00 a.m., for a period of three weeks and thereafter as and when required and the second petitioner shall appear before the respondent police daily at 11.00 a.m. for a period of one week and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.

7. 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/- 19/12/2013 (*)&(**))Amended as per the order of this Hon'ble Court dated 17.01.2014 and made in MP(MD)No.1/14 in CrlOP(MD)No.22832/2013.

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

TO To be substituted the order copy already despatched. 1 THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE INSPECTOR OF POLICE, JAMBUNATHAPURAM POLICE STATION, MUSIRI TALUK, TRICHY DISTRICT.

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

+1. CC to M/S.G.KANDHA VADIVELAN Advocate SR.No.2899

ORDER

IN CRL OP(MD) No.22832 of 2013 Date :19/12/2013 msm 26.12.2013 p2/6c PA/24.01.2014/2P/6C https://hcservices.ecourts.gov.in/hcservices/