Madras High CourtCRL OP/9156/2017granted

C. Prabu, 39 Yrs, v. The Inspector Of Police,

2017-05-04Honourable Mr Justice P. Kalaiyarasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.9156 of 2017 1 C. PRABU, [ PETITIONERS / ACCUSED ] 2 T.SEENIVASAN, Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] GOMANGALAM POLICE STATION, POLLACHI TALUK, COIMBATORE DISTRICT.

CR. NO.44 OF 2017.

For Petitioner : M/S.MA.P.THANGAVEL Advocate For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 323, 324, 506(i) and 506(ii) of I.P.C., in Crime No.44 of 2017 on the file of the respondent police and hence, pray for anticipatory bail. 2.The case of the prosecution is that the petitioners are alleged to have assaulted the defacto complainant using filthy language.

3.The learned counsel for the petitioners submits that the petitioner has been falsely implicated in this case and therefore, he may be granted anticipatory bail.

4.The learned Government Advocate (Crl. Side) submits that the injured has been discharged from the hospital. 5.Considering the fact that the victim has been discharged from the hospital and also the fact that except 506(ii) of I.P.C., other offences are bailable, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.2, Pollachi and on their executing a bond for

a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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, once in a week i.e., on every Monday at 10.00 a.m. for a period of two months 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 Judl. Magistrate within a period of three weeks from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

-sd/- 04/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.2, POLLACHI.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, GOMANGALAM POLICE STATION, POLLACHI TALUK, COIMBATORE DISTRICT.

+1 CC to M/S.MA.P.THANGAVEL Advocate on payment of necessary charges-Sr.8389 CRL OP.9156/2017 Date :04/05/2017 ths : 08.05.2017