Madras High CourtCRL OP/8523/2017granted

Ganesh @ Ganeshkumar, v. State Rep By

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fifth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.8523 of 2017 1 GANESH @ GANESHKUMAR [ PETITIONERS / ACCUSED ] 2 SAKTHIVEL Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, GUDUVANCHERY POLICE STATION, KANCHIPURAM DISTRICT.

CR.NO.375 OF 2017 For Petitioner : M/S.R.SASIKUMAR 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 294 (b) and 307 of IPC on the file of the respondent police in Crime No.375 of 2017, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused assaulted the de facto complainant with wooden log on 08.04.2017.

3. Learned counsel appearing for the petitioners submit that the injured has been discharged from the hospital, two of the co-accused have been enlarged on bail and that the petitioners are permanent residents and therefore, they may be granted anticipatory bail.

4. Learned Government Advocate [Crl. Side] though opposes this petition, concedes that the injured has been discharged from the hospital.

5. Considering the release of two of the co-accused on bail, discharge of the victim from the hospital and the fact that the petitioners are having permanent residence and also the facts and circumstances of the case, 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 their arrest or on their appearance before the learned Judicial Magistrate-II, Chengalpattu 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 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.

-sd/- 05/05/2017 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, CHENGALPATTU.

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

4 THE INSPECTOR OF POLICE, GUDUVANCHERY POLICE STATION, KANCHIPURAM DISTRICT.

+1CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR NO.8401 CRL OP.8523/2017 Date :05/05/2017 MK:09/05/2017