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Madras High CourtCRL OP(MD)/10397/2015allowed

J.Balasubramaniyan v. The Inspector Of Police

2015-07-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10397 of 2015 1 J.BALASUBRAMANIYAN 2 J.JEYAKUMAR 3 T.TAMBUSAMY SASIKUMAR 4 RM.PARAMASIVAM ... PETITIONERS/ACCUSED(RANK NOT KNOWN) Vs THE INSPECTOR OF POLICE LALGUDI POLICE STATION, LALGUDI, TRICHY DISTRICT. (CRIME NO.282 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.VIJAYAKUMAR Advocate For Respondent : M/S.K.V.RAJARAJAN,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 143, 147, 294(b), 323, 451 and 506(ii) of IPC, in Crime No.282 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute between the accused and the de-facto complainant, the accused entered into the house of the de-facto complainant and attacked him and also threatened the de-facto complainant with dire consequences. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence, the injured has sustained simply injury and after taking treatment, he was discharged from the hospital.

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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 arrest or on their appearance before the learned Judicial Magistrate, Lalgudi 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 on further condition that 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/- 15/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, LALGUDI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE LALGUDI POLICE STATION, LALGUDI, TRICHY DISTRICT. +1. CC to M/S.M.VIJAYAKUMAR Advocate SR.No.39044 RL/6C - 20/7/2015

ORDER

IN CRL OP(MD) No.10397 of 2015 Date :15/07/2015 https://hcservices.ecourts.gov.in/hcservices/