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Madras High CourtCRL OP/20681/2017granted

Hemanathan, 37 Years, v. The Inspector Of Police,

2017-09-27Honourable Mr Justice G.R.Swaminathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of September Two Thousand Seventeen PRESENT The Hon`ble Mr Justice G.R.SWAMINATHAN CRIMINAL ORIGINAL PETITION No.20681 of 2017 1 HEMANATHAN, [ PETITIONERS / ACCUSED ] 2 K.LATHA, Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] F4, THOUSAND LIGHT POLICE STATION, CHENNAI-6, CR.NO.1618 OF 2017.

For Petitioner : M/S.R.SANKARASUBBU Advocate For Respondent : MR.P.GOVINDARAJAN ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 506(ii) of IPC, in Crime No.1618/2017 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that due to non-payment of money for the treatment given to the petitioners' mother, the present complaint has been lodged.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. It is the further submission that the private hospital in which the mother of the petitioners was given treatment, claimed a sum of Rs.29 lakhs which is unreasonable since they did not provide proper treatment and that they had shifted the patient to the Government Hospital at Chennai, without the knowledge of the petitioners.

4.Heard the learned Additional Public Prosecutor appearing for the respondent.

5.Considering the above facts and circumstances of the case and also considering the fact that the injured has been discharged from

the hospital, 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 XIII, Metropolitan Magistrate Egmore, Allikulam, Chennai 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 Magistrate concerned and the petitioners shall appear before the respondent police 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 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/- 27/09/2017 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 METROPOLITAN MAGISTRATE, NO.XIII,EGMORE,ALLIKULAM,CHENNAI-3.

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

4 THE INSPECTOR OF POLICE, F4, THOUSAND LIGHT POLICE STATION, CHENNAI-6, +1 CC to M/S.R.SANKARASUBBU Advocate on payment of necessary charges SR.NO. 18605 CRL OP.20681/2017 RD 03/10/2017 Date :27/09/2017