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Madras High CourtCRL OP(MD)/10782/2015ordered

Iruthayaraj v. The Inspector Of Police

2015-06-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10782 of 2015 1 IRUTHAYARAJ 2 XAVIER 3 SUSILA ... PETITIONERS/ACCUSED NO.1 TO 3 Vs STATE REP BY THE INSPECTOR OF POLICE PANAGAUDI POLICE STATION, TIRUNELVELI DISTRICT, (CRIME NO. 234/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.PALANIVELAYUTHAM Advocate For Respondent : MR.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 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(i) I.P.C and Section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No.234 of 2015 and hence, seek anticipatory bail.

2.The case of the prosecution that the defacto complainant was beaten by the first petitioner at the instigation of the second and third petitioners and the defacto complainant was abused in filthy language by the first petitioner and she was driven out from her home by the first petitioner.

3.The learned counsel for the petitioners submitted that it is a case of case and counter and the counter has been registered in Crime No.233 of 2015.

4. The learned Government Advocate submitted that there is family dispute and the victim sustained simple injury.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the State and also perused the entire materials available on record.

6. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate, Valliyoor, Tirunelveli District, 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 to the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.0 a.m for a period of two weeks and thereafter as and when required. 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/- 16/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE PANAGAUDI POLICE STATION, TIRUNELVELI DISTRICT, 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.PALANIVELAYUTHAM Advocate SR.No.31139

ORDER

IN CRL OP(MD) No.10782 of 2015 Date :16/06/2015 NA/KBM/16/06/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/