CRL OP(MD)/23888/2016 of BALAMURUGAN 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.MAHADEVAN

CRL OP(MD) No.23888 of 2016

1 BALAMURUGAN 2 MAHESWARI ... PETITIONERS/ACCUSED 1&22 MAHESWARI ... PETITIONERS/ACCUSED 1&2

Vs

STATE REP BY THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT, (CRIME NO.655/2016) ... RESPONDENT/ COMPLAINANT

For Petitioner : M/S.S.MAHENDRAPATHY 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 :- The petitioners, who are arrayed as accused Nos.1 and 2 inCrime No.655 of 2016 on the file of the respondent police, apprehendarrest at the hands of the respondent police for the allegedoffences punishable under Sections 294(b), 323, 341 and 506 (ii) ofI.P.C and hence, seek anticipatory bail.

2. The case of the prosecution is that the first petitionerabused the defacto complainant with filthy language and pushed himdown and threatened him with dire consequences.

3. Heard the learned counsel for the petitioners and thelearned Government Advocate(Crl. Side) for the respondent/State andthe learned counsel for the intervenor.

4. The learned Government Advocate (Crl. Side) on instructionssubmitted that the injured is treated as out patient.

5.Considering the facts and circumstances of the case and alsoconsidering the fact that the injured is treated as out patient,https://hcservices.ecourts.gov.in/hcservices/this Court is inclined to grant anticipatory bail to thepetitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or ontheir appearance before the learned Judicial Magistrate No.I,Kovilpatti and on each of them executing a bond for a sum ofRs.10,000/- (Rupees Ten Thousand only) with two sureties each fora like sum to the satisfaction of the learned Magistrate concernedand on further condition that the petitioners shall appear beforethe respondent police daily twice at 10.30 a.m. and 05.30 p.m. for aperiod of four weeks and thereafter as and when required forinterrogation. The petitioners shall comply with the conditionstipulated under Section 438 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 NO.I KOVILPATTI

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT

3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

4.THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT

+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.83701

RL/6C/2P/CK/SARI/30.12.2016