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Madras High CourtCRL OP(MD)/14452/2015dismissed

Thangaraj Alias Ajay v. The Inspector Of Police,

2015-08-04Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14452 of 2015 1 THANGARAJ ALIAS AJAY 2 RENGASAMY 3 MANI ALIAS MANIKANDAN 4 KAUPPIAH 5 SUBBIAH, ... PETITIONERS / ACCUSED No.2,3,4,5 and 8 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, AMBATHURAI POLICE STATION, DINDIGUL DISTRICT. CR. NO.193 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.LAWRANCE Advocate For Respondent : MRS.S.PRABHA 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 A5 and A8 apprehend arrest at the hands of the respondent police for the alleged offences punishable under 147, 148, 294(b), 323, 324, 427 and 307 of IPC, in Crime No.193 of 2014 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, there was a wordy altercation between the accused and the de-facto complainant, in which the accused attacked the de-facto complainant with deadly weapons and caused injuries.

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. The learned counsel further submitted that A1 was arrested and released on bail by the Session Court, Dindigul and A6 and A7 were granted anticipatory bail by this court in Crl.O.P(MD) No.2196 of 2015,dated 09.02.2015 and the earlier petition filed by the petitioner in Crl.O.P.(MD) No. 7479 of 2015 was dismissed on 22.04.2015. The learned counsel further submitted that the injured was discharged from the hospital on the very next day of the alleged occurrence and the respondent has completed the investigation and also filed a charge sheet and now, the pettioners are ready to surrender before the court concerned and in the event of surrender, their application may be considered on the same day itself.

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Heard the learned Government Advocate (Criminal side) appearing for the respondent Considering the submission of the learned counsel for the petitioners, this petition is dismissed with a direction to the petitioners to surrender before the court concerned and on such surrender and filing of appropriate application, the same may be considered by the court concerned on the same day itself on merits and in accordance with law on the same day.

sd/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III, DINDIGUL

2. THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL

3. THE INSPECTOR OF POLICE, AMBATHURAI POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.J.LAWRANCE Advocate SR.No.44196

ORDER

IN CRL OP(MD) No.14452 of 2015 Date :04/08/2015 2P/6C AM/AMF/SAR-11/12.08.2015.

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