Madras High CourtCRL OP(MD)/23085/2013bail granted

Balan v. The Inspector Of Police

2013-12-19Honourable Mr Justice M. Sathyanarayanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.23085 of 2013 1 BALAN 2 GODWIN 3 PRAVIN ... PETITIONERS/ACCUSED NO.1 TO 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE BOOTHAPANDI POLICE STATION, KANYAKUMARI DISTRICT, CR.NO.460/2013 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SANKAR Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 to A-3 apprehending arrest at the hands of the respondent police for the alleged commission of offences punishable under Sections 341, 323, 506(i) of I.P.C. @ 341, 294(b), 307, 323 and 506(i) I.P.C. in Crime No.460 of 2013 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 27.01.2013, due to previous motive, when the de facto complainant was riding his motor cycle, all the accused wrongfully restrained the de facto complainant and abused and attacked him and caused him injuries. 3.The learned counsel for the petitioners would submit the petitioners are falsely implicated in this case and nothing to do with the alleged offences.

4. The learned Government Advocate(Crl. Side) would submit that the injured has been discharged from the hospital.

5. Heard the learned counsel appearing for the petitioners and the https://hcservices.ecourts.gov.in/hcservices/ learned Government Advocate (Crl. Side) appearing for the State and also perused the materials available on record.

6. Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Boothapandi and on 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 the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 11.00 a.m., for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the condition 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 stands dismissed.

sd/- 19/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, BOOTHPANDI,KANYAKUMARI DT.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, BOOTHAPANDI POLICE STATION,KANYAKUMARI DT.

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

+1. CC to M/S.M.SANKAR Advocate SR.No.63649

ORDER

IN CRL OP(MD) No.23085 of 2013 Date :19/12/2013 PA/26.12.2013/2P/6C https://hcservices.ecourts.gov.in/hcservices/