Madras High CourtCRL OP/26450/2017granted

Udhaya @ Udhayakumar, v. State Rep By

2017-12-04Honourable Mr Justice N. Authinathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice N. AUTHINATHAN CRIMINAL ORIGINAL PETITION No.26450 of 2017 1 UDHAYA @ UDHAYAKUMAR [ PETITIONERS / ACCUSED ] 2 MATHI @ MATHIYAZAGAN 3 RAJ @ RAJKUMAR Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, S-13, CHROMEPET POLICE STATION, CHENNAI DISTRICT.

(CR.NO.1100 OF 2017) For Petitioner : M/S.D.GOPI KRISHNAN 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 seek anticipatory bail under section 438 of Cr.P.C. for the alleged offences under Sections 147, 341, 323 and 506(i) IPC in Cr.No.1100 of 2017 on the file of the respondent police.

2. Heard both sides.

3. According to the prosecution, it is alleged that the petitioners along with others had a wordy quarrel and they attacked and also assaulted the defacto complainant and thereby caused injury to him.

4. The learned counsel for the petitioners would submit that the petitioners are innocent persons and that they have been falsely implicated in this case and therefore, they may be granted anticipatory bail.

5. The learned Government Advocate (Crl. Side) would submit that the petitioners and defacto complainant are neighbours and the injured has been discharged from the hospital.

6. Having regard to the nature of allegation against the petitioners and that the injured has been discharged from the hospital and as it is not stated that the custodial interrogation

of the petitioners is required, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions :-

7. (i) Anticipatory bail is granted.

(ii) The petitioners are ordered to be released on bail in the event of their arrest or appearance before the learned Judicial Magistrate, Tambaram, within a period of fifteen days from the date of receipt of a copy of this order 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 said Magistrate.

(ii) The petitioners shall report before the respondent police as and when required for interrogation.

-sd/- 04/12/2017 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, TAMBARAM.

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

4 THE INSPECTOR OF POLICE, S-13, CHROMEPET POLICE STATION, CHENNAI DISTRICT.

+1CC to M/S.D.GOPI KRISHNAN Advocate on payment of necessary charges SR NO.22050 CRL OP.26450/2017 Date :04/12/2017 MK:06/12/2017