CRL OP(MD)/23539/2013 of JEYASUDHA 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 ThirteenPRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23539 of 2013

1 JEYASUDHA

2 SIVAKUMAR ... PETITIONERS/ACCUSED NOS.1&2

Vs

THE INSPECTOR OF POLICE OODAIPATTI POLICE STATION,UTTHAMAPALAYAM TALUK, THENI DISTRICT.(CRIME NO.176/2013)

... RESPONDENT/ COMPLAINANT

For Petitioner : M/S.V.KARUNA AdvocateFor Respondent : M/S.A.P.BALASUBRAMAIAN Govt. Advocate ( Crl. Side)

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

ORDER : The Court Made the following order :- There are totally two accused and the petitioners are arrayedas A1 and A2 and apprehending arrest at the hands of the respondentpolice for the alleged commission of offences punishable undersections 294(b), 323, 354 and 506(i) IPC, in Crime No.176 of 2013 onthe file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the alleged occurrencewas taken place on 02.12.2013 and a case was registered on04.12.2013. It is alleged that the petitioners herein are thehusband and wife and they had quarrelled with the defactocomplainant while drawing water from the pump.

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 this is a case in counter and the counter caseis registered in Crime No.175 of 2013.

4. Heard the learned counsel appearing for the petitioners 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, this isa fit case for granting anticipatory bail to the petitioners.Accordingly, the petitioners are ordered to be released on bail inthe event of arrest or on their appearance before the learnedJudicial Magistrate, Uthamapalayam, Theni District and on each ofthem executing a bond for a sum of Rs.10,000/- (Rupees ten thousandonly) with two sureties each for a like sum to the satisfaction ofthe learned Magistrate concerned and on further condition that thesecond petitioner shall report before the respondent police daily at11.00 a.m. for a period of two weeks and thereafter, as and whenrequired, for interrogation. The petitioners shall comply with thecondition stipulated 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/-

30/12/2013

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1.THE JUDICIAL MAGISTRATE

UTHAMAPLAYAM, THENI DISTRICT

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT THENI DISTRICT

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

4.THE INSPECTOR OF POLICE OODAIPATTI POLICE STATION, OODAIPATTI POLICE STATION, UTTHAMAPALAYAM TALUK, THENI DISTRICT

+1. CC to M/S.V.KARUNA Advocate SR.No.64423RL/6 C- 2/1/2014