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Madras High CourtCRL OP/9762/2017granted

M.Srinivasan, Aged 67 Years, v. The State Rep. By,

2017-05-24Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Dr. Justice S. VIMALA CRIMINAL ORIGINAL PETITION No.9762 of 2017 1 M.SRINIVASAN, [ PETITIONER / ACCUSED ] 2 S.PUSHPARANI, Vs 1 THE STATE REP. BY, [ RESPONDENT ] THE DEPUTY SUPERINTENDENT OF POLICE, ERODE TOWN SUB-DIVISION, ERODE 2 THE INSPECTOR OF POLICE, ERODE NORTH TOWN POLICE STATION, ERODE.

CR.NO.951 OF 2015 For Petitioner : M/S.D.BASKAR Advocate For Respondent : MR. M.MOHAMED RIYAZ, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 304(B) and d498A IPC, in Crime No.951 of 2015 on the fie of the respondent police, seeks anticipatory bail.

2.The Learned Counsel appearing for the petitioner/accused 2 and 3 would submit that original, there was no allegation against the petitioners [parents-in-law) and even in the final report filed before the Criminal Court, there was no allegation against these petitioner , It is stated that, only during the cross-examination of the witnesses and based on the statement of P.W.1, the petitioners have been ordered to be implicated as the accused by the trial court and therefore, it is a matter, where anticipatory bail has to be granted.

2.1. it is also pointed out that the order, issuing summons, is also under challenge in a Revision petition filed before this court. 3.Heard the learned Government Advocate(Crl.Side).

4.Considering the facts and considering the submissions of the learned counsel that the order, issuing summons is under challenge in the Revision Petition filed before this court, anticipatory bail is granted to the petitioners.

4.1.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this corder before the learned Additional Sessions Judge( Mahila Judge), Erode,on condition that the petitioners shall execute 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 trial Judge concerned and on further condition that the petitioners shall appear before the trial court as and when they are required to appear. sd/- 24/05/2017 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 ADDITIONAL SESSIONS JUDGE [MAHILA JUDGE]ERODE, 2 THE STATE REP. BY, THE DEPUTY SUPERINTENDENT OF POLICE, ERODE TOWN SUB-DIVISION, ERODE 3 THE INSPECTOR OF POLICE, ERODE NORTH TOWN POLICE STATION, ERODE.

4 THE PUBLIC PROSECUTOR HIGH COURT,MADRAS +1 CC to M/S.D.BASKAR Advocate on payment of necessary charges SR.NO. 9569 CRL OP.9762/2017 Date :24/05/2017 RD 29/05/2017