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Asirvatham v. the Inspector of Police

Madras HC23 Jun 2015CRL OP(MD)/10061/2015

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court entertained a petition for anticipatory bail under Section 438 Cr.P.C. filed by accused individuals facing charges related to affray and public nuisance. The court granted bail subject to strict conditions including daily police reporting and execution of a bond.

What did the court decide?

Petitioners ordered released on bail via bond of Rs. 10,000 each with two sureties; required to appear at police station daily for two weeks.

Asirvatham Vs the Inspector of Police — Anticipatory Bail | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Tuesday, the Twenty Third day of June Two Thousand Fifteen

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PRESENT

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The Hon`ble Mr.Justice M.M.SUNDRESH

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CRL OP(MD) No.10061 of 2015

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1 ASIRVATHAM

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2 AROCKIASAMY

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3 MUTHUKUMAR

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4 ARULSAMY,

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5 ALPHONSE

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6 DEIVAKUMAR

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7 JOHNSON MICHEAL

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8 MOESAN AMALADHASS

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9 POLIKKARP ... PETITIONER(S) / ACCUSED

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RANK NOT KNOWN

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THE STATE REP.BY THE INSPECTOR OF POLICE AVUDAIYAR KOIL POLICE STATION, PUDUKOTTAI DISTRICT,

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(CRIME NO. NOT KNOWN OF 2015). ... RESPONDENT / COMPLAINANT

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For Petitioner : M/S.T.LENIN KUMAR Advocate

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For Respondent : M/S.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side)

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

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ORDER : The Court Made the following order :-

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The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b) and 323 IPC in Crime No. 93 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

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2.The allegation against the petitioners is that there was wordy quarrel with regard to a dispute in Church. During the quarrel, the petitioners threatened the defacto complainant with dire consequences.

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3.The learned counsel for the petitioners submitted that the allegation levelled in the FIR are false and concocted one.

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4.The learned Government Advocate(Crl.side) submitted that the injured had already been discharged from hospital.

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Heard the learned counsel for the petitioners and the learned https://hcservices.ecourts.gov.in/hcservices/ Government Advocate(Crl.side) appearing for the respondent.

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Considering the nature of allegation levelled against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Aranthangi, on each of them executing a separate 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 Judge concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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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.

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Sub-Assistant Registrar (C.S.) TO

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1 THE JUDICIAL MAGISTRATE, ARANTHANGI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.

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

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4 THE INSPECTOR OF POLICE AVUDAIYAR KOIL POLICE STATION, PUDUKOTTAI DISTRICT.

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+1. CC to M/S.T.LENIN KUMAR Advocate SR.No.33129. TS/25.06.2015/2P -6C

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https://hcservices.ecourts.gov.in/hcservices/

Asirvatham v. the Inspector of Police

Case brief

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What did the court decide?

Asirvatham v. the Inspector of Police

Case brief

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