Madras High CourtCRL OP(MD)/23016/2018ordered

Narayanan v. The Inspector Of Police

2018-12-27Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.23016 of 2018 1.NARAYANAN 2 MUTHUSIVA 3 MURUGARAJA 4 ESAKKIARUN 5 ESAKKIPANDIAN 6 VIKRAM 7 KASIPERUMAL ... PETITIONERS / ACCUSED 1 TO 7 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

(IN CRIME NO. 206 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR.P.KOTTAICHAMY Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 341, 323, 506(ii) I.P.C, in Crime No.206 of 2018, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a dispute between the petitioners and the defacto complainant with regard to the temple festival, due to which, the petitioners abused the defacto complainant with filthy language and threatened him with dire consequences. Hence a case has been registered.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate [Criminal Side] appearing for the respondent.

4. According to the petitioners, they are innocent and they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case.

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5. The learned Government Advocate [Criminal Side] submitted that the injured has been discharged from the hospital on 21.12.2018.

6. Considering the facts and circumstances of the case and also considering the fact that the dispute arose on account of wordy quarrel and the injured has been discharged from the hospital, this Court is inclined to grant Anticipatory Bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Srivaikundam and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate, Srivaikundam concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30.am., until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

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

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

ORDER IN CRL OP(MD) No.23016 of 2018 Date :27/12/2018 AE/PN/SAR3/02.01.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/