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Madras High CourtCRL OP(MD)/11639/2015allowed

Bhuvaneswaran v. The Inspector Of Police

2015-07-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11639 of 2015 1 BHUVANESWARAN 2 PRADEEP 3 THILAKAVATHI 4 MALATHI 5 LAKSHMI ... PETITIONERS / ACCUSED No.2 to 6 Vs the state rep.by its THE INSPECTOR OF POLICE EMANESWARAM POLICE STATION, EMANESWARAM, RAMANATHAPURAM DISTRICT. CR. NO. 97/2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.SUDALAIYANDI 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, who are arrayed as A2 to A6, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 323, 324 and 506(ii) of I.P.C., in Crime No.97 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to family dispute between the petitioners and the de-facto complainant, they attacked the de-facto complainant with stick and caused injury.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4The learned Government Advocate (Crl.side) would submit that the injured had discharged from the hospital.

5.Considering facts and circumstances of the case, 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, Paramakudi 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 No.1 and 2 shall appear before the respondent police daily at 10.00 a.m., for a period of two weeks and thereafter as and when required for interrogation and the petitioners https://hcservices.ecourts.gov.in/hcservices/

No.3 to 5 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/- 02/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE EMANESWARAM POLICE STATION, EMANESWARAM, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.SUDALAIYANDI Advocate SR.No.36025 Sm:AMF:06.07.2015:2P/6C

ORDER

IN CRL OP(MD) No.11639 of 2015 Date :02/07/2015 https://hcservices.ecourts.gov.in/hcservices/