Madras High CourtCRL OP(MD)/23582/2013ordered

Arulmani v. The Inspector Of Police

2013-12-30Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) 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 ...PETITIONERS/ACCUSED NO.1 TO 3 Vs 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 ADVOCATE FOR 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 at the hands of the respondent police for the alleged commission of offences punishable under sections 294(b), 323 and 506(i) IPC, in Crime No.237 of 2013 on the file of the respondent police, seek anticipatory bail.

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

3. Learned counsel appearing for the petitioners would submit that the complaint itself is false and concocted and the petitioners have nothing to do with the alleged commission of offence.

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

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

6. Considering the facts and circumstances of the case, this is a fit case for granting 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, Musiri 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 https://hcservices.ecourts.gov.in/hcservices/

of the learned Magistrate concerned and on further condition that the first petitioner shall report 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/- 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.

ORDER

IN CRL OP(MD) No.23582 of 2013 Date :30/12/2013 2P/6C RPB 02.01.2014 https://hcservices.ecourts.gov.in/hcservices/