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Madras High CourtCRL OP(MD)/15509/2015allowed

K. Jayaraj v. The Inspector Of Police

2015-08-11Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15509 of 2015 1 K. JAYARAJ 2 J. PRIYANKA ... PETITIONERS/ACCUSED NOS.1&2 Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE SOUTH GATE POLICE STATION, MADURAI CITY.

(IN CRIME NO.530 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S PERFECT LAW ASSOCIATES Advocate For Respondent : M/S.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 A1 and A2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 324 and 506(ii) of I.P.C., and Section 4 of Women Harassment Act, in Crime No.530 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 petitioners and the de-facto complainant, the petitioners assaulted the de-facto complainant and criminally intimidated him.

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

4.The learned Government Advocate (Crl.side) would submit that the injured had discharged from the hospital and it is a case of case and counter case.

5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already 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 No.IV, Madurai and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) https://hcservices.ecourts.gov.in/hcservices/

with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the first petitioner shall appear before the respondent police daily at 06.00 p.m., for a period of two weeks and thereafter as and when required for interrogation and the second petitioner 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/- 11/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.IV, MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE SOUTH GATE POLICE STATION,MADURAI CITY.

+1. CC to M/S PERFECT LAW ASSOCIATES Advocate SR.No.45729 RL/6 C- 12/8/2015

ORDER

IN CRL OP(MD) No.15509 of 2015 Date :11/08/2015 https://hcservices.ecourts.gov.in/hcservices/