CRL OP(MD)/23916/2016 of CHELLADURAI Vs THE INSPECTOR OF POLICE on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand SixteenPRESENT

The Hon`ble Mr Justice R.MAHADEVANCRL OP(MD) No.23916 of 2016

1 CHELLADURAI

2 PONNAMMAL

3 ARUMUGAPANDI

4 VIJAY

5 MUTHUKRISHNAN

6 MAICKARAJ

7 JKOHNRAJ ... PETITIONERS/ACCUSED NOS.1 TO 7

Vs

THE STATE REP.BY , THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION,TIRUNELVELI DISTRICT, CRIME NO. 208 OF 2016. ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.B.CHARMURUGAN Advocate For Respondent : MR.P.KANDASAMY, 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 A-1 to 7, in Crime No.208of 2016 on the file of the respondent police, apprehends arrest atthe hands of the respondent police for the alleged offencespunishable under Section 147, 148, 294(b), 323, 324 and 506(ii)I.P.C and Section 4 of Tamil Nadu Women Harassment Act and hence,seek anticipatory bail.

2.Heard the learned counsel for the petitioners, the learnedGovernment Advocate(Crl. Side) for the respondent/State and thelearned counsel appearing for the intervenor.

3.The case of the prosecution is that on 20.12.2016, there wasa dispute between the petitioners and the defacto complainant withregard to taking of drinking water in a street pipe, in which thesecond petitioner abused the son-in-law of the defacto complainanthttps://hcservices.ecourts.gov.in/hcservices/by using filthy language and threatened them.

4.The learned Government Advocate(Crl. Side) submits that theinjured have been discharged from the hospital.

5. Considering the facts and circumstances of the case and alsoconsidering the fact that the injured have been discharged from thehospital, this Court is inclined to grant anticipatory bail to thepetitioners, with certain conditions. Accordingly, the petitionersare ordered to be released on bail in the event of arrest or ontheir appearance before the learned Judicial Magistrate,Valliyoor,Tirunelveli District and on their executing a bond for a sum ofRs.10,000/- (Rupees Ten Thousand only) with two sureties each for alike sum to the satisfaction of the learned Magistrate concerned andon further condition that the petitioners shall appear before therespondent police daily at 10.30 a.m daily until further orders. Thepetitioners shall comply with the condition stipulated under Section438 Cr.P.C. scrupulously.

6.The petitioners shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready, failing which, the petition for anticipatory bail standsdismissed.

sd/-

29/12/2016

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE,VALLIYOOR.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.B.CHARMURUGAN Advocate SR.No.83873

VS

CSL/GSV-PM/SAR-II/02.01.2017 : 2P/6C