CRL OP(MD)/19646/2019 of Antony Felix @ Antony Francis Felix Vs The Inspector of Police on 30 December 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

PRESENT

The Hon'ble Mrs.Justice T.KRISHNAVALLI

CRL OP(MD). No.19646 of 2019

1. Antony Felix @ Antony Francis Felix

2. Antony Rabees ... Petitioners/Accused No.1&2

Vs

The State Rep. by itsThe Inspector of Police,Thazhamuthunagar Police Station, Thoothukudi District.

Cr.No.330 of 2019. ... Respondent/Complainant For Petitioners : M/s.S.Jeyakarthik, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side)

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

PRAYER :-

For Anticipatory Bail in Crime No.330 of 2019 on the file ofthe Respondent Police.

ORDER : The Court made the following order :- The petitioners apprehend arrest at the hands of the respondentpolice for the alleged offences punishable under sections 323 and506(i)of IPC, in Crime No.330 of 2019 on the file of the respondentpolice and hence, seek anticipatory bail.

2.The case of the prosecution is that due to wordy quarrelbetween the petitioners and the defacto complainant, the petitionersattacked the defacto complainant with hands and wooden log.

3.The learned counsel for the petitioners submitted that thepetitioners are an innocent persons and they have not committed anyoffence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing forthe respondent submitted that the property dispute is pendinghttps://hcservices.ecourts.gov.in/hcservices/

between the petitioners and the defacto complainant.

5.Considering the above facts and circumstances of the case,this Court is inclined to grant anticipatory bail to the petitionerswith certain conditions.

6.Accordingly, the petitioners are ordered to be released onbail in the event of arrest or on their appearance before thelearned Judicial Magistrate No.II, Thoothukudi and on theirexecuting a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each along with two sureties each for a like sum to the satisfactionof the learned Magistrate concerned and the petitioners shall appearbefore the respondent police daily at 10.00 a.m, until furtherorders. The petitioners shall comply with the condition stipulatedunder Section 438 Cr.P.C. scrupulously.

7.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/-

30/12/2019

Sub-Assistant Registrar (C.S.IV)

Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE No.II, THOOTHUKUDI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3. THE INSPECTOR OF POLICE, THAZHAMUTHUNAGAR POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.N.RAMESH ARUMUGAM Advocate SR.No.22547