CRL OP(MD)/23582/2013 of ARULMANI Vs THE INSPECTOR OF POLICE on 30 December 2013

Monday, the Thirtieth day of December Two Thousand Thirteen PRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23582 of 2013

1.ARULMANI 2.MAHALAKSHMI

Vs

...PETITIONERS/ACCUSED NO.1 TO 3

THE STATE REP.BY THE INSPECTOR OF POLICE KATTUPUTHUR POLICE STATION,TRICHY DISTRICT.

(CR.NO.237 OF 2013) ... RESPONDENT/COMPLAINANT

FOR PETITIONER : M/S.M.SUBASH BABU ADVOCATEFOR RESPONDENT : MR.A.P.BALASUBRAMANIAN, GOVERNMENT ADVOCATE

PETITION FOR ANTICIPATORY BAIL UNDER SEC. 438 CR.P.C.

ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioners are arrayed as A1 and A3 and apprehending arrest atthe hands of the respondent police for the alleged commission of offencespunishable under sections 294(b), 323 and 506(i) IPC, in Crime No.237 of2013 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the alleged occurrence wastaken place on 14.11.2013. It is alleged that due to property disputebetween the petitioners and the defacto complainant, there was a wordyquarrel between them and that the petitioners have attacked the defactocomplainant with stick and hands.

3. Learned counsel appearing for the petitioners would submit thatthe complaint itself is false and concocted and the petitioners havenothing to do with the alleged commission of offence.

4. Learned Government Advocate (crl. side) would submit that theinjured has already been discharged from the hospital and that A2 hasalready been arrested and released on bail by the learned JudicialMagistrate, Musiri.

5. Heard the learned counsel appearing for the petitioner and thelearned Government Advocate(Crl. Side) appearing for the state and alsoperused the entire materials available on record.

6. Considering the facts and circumstances of the case, this is a fitcase for granting anticipatory bail to the petitioners. Accordingly, thepetitioners are ordered to be released on bail in the event of arrest orhttps://hcservices.ecourts.gov.in/hcservices/on their appearance before the learned Judicial Magistrate, Musiri and oneach of them executing a bond for a sum of Rs.10,000/- (Rupees tenthousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that thefirst petitioner shall report before the respondent police daily at 11.00a.m. for a period of two weeks and thereafter, as and when required, forinterrogation. The petitioners shall comply with the conditionstipulated under 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 copy madeready failing which, the petition for anticipatory bail stands dismissed.

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, MUSIRI.

2.THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3.THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SUBASH BABU Advocate SR.No.64490.