Madras High CourtCRL OP/8919/2017granted

Varadharaji, S/O.Gopal, M/65 v. The State Represented By

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.8919 of 2017 1 VARADHARAJI, [ PETITIONERS / ACCUSED ] 2 RAMACHANDRAN Vs THE STATE REPRESENTED BY [ RESPONDENT ] INSPECTOR OF POLICE, PAGANDAIKUTTU SALAI POLICE STATION, VILLUPURAM DISTRICT.

CR.NO.52 OF 2017.

For Petitioner : T.SARAVANAN 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 294(b), 323, 324 and 506(ii) IPC, in Crime No.52 of 2017 on the file of the respondent police and hence, they seek anticipatory bail. 2.The case of the prosecution is that the petitioners are alleged to have assaulted the defacto complainant. 3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case and hence, they pray for anticipatory bail. 4.The learned Government Advocate (crl.

side) would submit that the victim has been discharged from the hospital. 5.Considering the rival submissions made by both sides and also considering the fact that the injured has been discharged from the hospital and the offences are bailable except 506(ii) IPC 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, Tirukoilur 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 to appear before the respondent police 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 Magistrate within a period of three weeks 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, TIRUKOILUR.

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

4 THE INSPECTOR OF POLICE, PAGANDAIKUTTU SALAI POLICE STATION, VILLUPURAM DISTRICT.

+1 CC to T.SARAVANAN Advocate on payment of necessary chargesSr.8272 CRL OP.8919/2017 Date :04/05/2017 ths : 05.05.2017