CRL OP(MD)/17367/2011 of KALIMUTHAN Vs INSPECTOR OF POLICE on 28 December 2011

Wednesday, the Twenty Eighth day of December Two Thousand ElevenPRESENT

THE HON`BLE MR.JUSTICE S. RAJESWARAN

CRL OP(MD) No.17367 of 2011

1. KALIMUTHAN 2. GEETHA ... PETITIONERS/ACCUSED NO.1 & 2

Vs

THE INSPECTOR OF POLICE, UCHAPULI POLICE STATION, RAMANATHAPURAM DISTRICT.

CR.NO.304/2011 ... RESPONDENT/COMPLAINANT

For Petitioner : M/S. K.ABIYA Advocate

For Respondent : MR.C.RAMESH, Additional Public Prosecutor 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 they prayed for grant ofanticipatory bail under section 438 Cr.P.C., for the alleged offencespunishable under Sections 294(b), 323 and 506(i) I.P.C. in Crime No.304of 2011 on the file of the respondent police and hence, seek anticipatorybail.

2.Heard the learned counsel appearing for the petitioners and thelearned Additional Public Prosecutor appearing for the State.

3.The learned counsel appearing for the petitioners would submit inhis argument that the petitioners are innocent persons and they have notcommitted any offence. He would further submit in his argument that thepetitioners have been falsely implicated in this case and hence, he praysfor anticipatory bail in favour of the petitioners.

4.The learned Additional Public Prosecutor (Criminal side) wouldsubmit in his argument that no one sustained injury in the allegedoccurrence.

5.Considering the facts and circumstances of the case, I could seethat no one sustained injury in the alleged occurrence, this court isinclined to grant anticipatory bail to the petitioners. Accordingly, thepetitioners are directed to be released on bail in the event of arrest orhttps://hcservices.ecourts.gov.in/hcservices/on their appearance before the learned Judicial Magistrate No.II,Ramanathapuram and 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 thesatisfaction of the learned Judicial Magistrate No.II, Ramanathapuram andon further condition that the petitioners shall appear before theconcerned Magistrate daily at 10.30 a.m for a period of four weeks. Thepetitioners shall comply with the condition stipulated under Section 438Cr.P.C. scrupulously.

6.The petitioners shall appear before the Magistrate concerned withina period of 15 days, failing which, the anticipatory bail granted shallstand automatically cancelled.

sd/-

28/12/2011

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM. RAMANATHAPURAM.

2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE

RAMANATHAPURAM.

3. THE INSPECTOR OF POLICE, UCHAPULI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S. K.ABIYA Advocate SR.No.46108

SR : 29.12.2011 : 2P/6C