CRL OP(MD)/23592/2013 of SAMINATHAN Vs THE INSPECTOR OF POLICE on 30 December 2013

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

Monday, the Thirtieth day of December Two Thousand Thirteen PRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23592 of 2013

1 SAMINATHAN

2 RAMASAMY ... PETITIONERS / ACCUSED 1 & 2

Vs

THE STATE REP.BY THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION,SIVAGANGAI DISTRICT.

(CR.NO.285 OF 2013) ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.D.RAMESHKUMAR Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as A1 and A2 and apprehendingarrest at the hands of the respondent police for the allegedcommission of offences punishable under sections 294(b) and 506(i)IPC, in Crime No.285 of 2013 on the file of the respondent police,seek anticipatory bail.

2. The case of the prosecution is that the alleged occurrencewas taken place on 26.02.2013 and a case was registered on13.04.2013. It is alleged that the defacto complainant wasthreatened by the accused over phone.

3. Learned counsel appearing for the petitioners would submitthat the complaint itself is false and concocted and the petitionershave nothing to do with the alleged commission of offence. He wouldfurther submit that the FIR was registered after a long gap of twomonths.

4. Heard the learned counsel appearing for the petitioner andthe learned Government Advocate(Crl. Side) appearing for the stateand also perused the entire materials available on record.

5. Considering the facts and circumstances of the case and alsohttps://hcservices.ecourts.gov.in/hcservices/considering the fact that the case was registered after a lapse oftwo months from the date of occurrence, this is a fit case forgranting anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event ofarrest or on their appearance before the learned JudicialMagistrate, Karaikudi and on each of them executing a bond for a sumof Rs.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 report beforethe respondent police daily at 11.00 a.m. for a period of two weeksand thereafter, as and when required, for interrogation. 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/-

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3 THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT. SIVAGANGAI DISTRICT.

4 THE ADDL. PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.RAMESHKUMAR Advocate SR.No.64452.