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Madras High CourtCRL OP/8654/2017granted

Palanivel,M/A- 45 Years v. State 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.8654 & 8655 of 2017 1 PALANIVEL [ PETITIONERS / ACCUSED 2 NATARAJAN IN CRL.OP.NO.8654 OF 2017] 1 SELVAKUMAR [ PETITIONER / ACCUSED 2 SAKTHIVEL IN CRL.OP.NO.8655 OF 2017] 3 MANIMEGHALAI 4 RAJAVEL Vs STATE BY [ RESPONDENT INSPECTOR OF POLICE, IN BOTH THE PETITIONS ] SENTHURAI POLICE STATION, ARIYALUR DISTRICT, CR.NO.93 OF 2017.

For Petitioner : M/S.M.R.ELAVARASAN Advocate [IN BOTH THE PETITIONS] For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) [IN BOTH THE PETITIONS] 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, 148, 294(b), 324 & 506(ii) and 307 of IPC, on the file of the respondent police, in Crime No.93 of 2017, seek anticipatory bail.

2. The case of the prosecution is that on 22.02.2017, the petitioner and others scolded the de facto complainant in filthy language and attacked with hands and knife and caused injuries in shoulder.

3. Learned counsel appearing for the petitioners submit that the petitioners are innocent persons and a counter case is also pending and the injured has been discharged from the hospital. He further submits that the petitioners are having permanent residence 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 fact that the injured has been discharged from the hospital, pendency of counter case and 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 No.II, Ariyalur and 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, ARIYALUR.

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

4 THE INSPECTOR OF POLICE, SENTHURAI POLICE STATION, ARIYALUR DISTRICT.

+1CC to M/S.M.R.ELAVARASAN Advocate on payment of necessary charges SR NOS.8314, 8315 CRL OP.8654 & 8655 OF 2017 Date :05/05/2017 MK:09/05/2017