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Madras High CourtCRL OP/8415/2017granted

Lawrence, M/A 43 Years, v. The State Rep By Its,

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.8415 of 2017 1 LAWRENCE, [ PETITIONERS / ACCUSED ] 2 MUJEEB @ MUKBRAHMAN, Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, PERAMBUR POLICE STATION, NAGAPATTINAM DISTRICT CR.NO.12 OF 2017.

For Petitioner : M/S.S.P.HARI KRISHNAN 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 offences punishable under Sections 147, 352, 506(i) and 386 IPC on the file of the respondent and seeks anticipatory bail.

2. The learned counsel appearing for the petitioners submits that the case has been foisted against the petitioners suppressing the money transaction between the petitioners and the defactocomplainant, the petitioners are having permanent residence and therefore, they may be granted Anticipatory Bail.

3. The learned Government Advocate (Crl. side) opposes this application contending that the investigation is not yet over. However, he also concedes that there is no injury to the victims.

4. Considering the nature of the offence, the fact that the petitioners are having permanent residence and also the entire facts and circumstances of this case, this Court is inclined to grant Anticipatory Bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.II, Mayiladuthurai 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 Judicial Magistrate 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.

7. The petitioners shall appear before the concerned Judicial 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/- 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.II, MAYILADUTHURAI.

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

4 THE INSPECTOR OF POLICE, PERAMBUR POLICE STATION, NAGAPATTINAM DISTRICT +1 CC to M/S.S.P.HARI KRISHNAN Advocate on payment of necessary charges-sr.8311 CRL OP.8415/2017 Date :04/05/2017 ths : 09.05.2017