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Madras High CourtCRL OP(MD)/16047/2015allowed

Shanmugam v. The Inspector Of Police

2015-08-19Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16047 of 2015 1 SHANMUGAM 2 SARAVANAN ..PETITIONERS/ACCUSED NO.1 AND 2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, IN CR.NO. 368/2015, RAMANATHAPURAM DISTRICT. ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.M.SUBASH BABU 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 accused Nos.1 and 2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 379 (NH) and 506(ii) of I.P.C., in Crime No.368 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that due to temple festival dispute, the accused have assaulted the de-facto complainant and also abused him in filthy language.

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) submitted that the petitioners are having two previous cases and the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.II, Ramanathapuram and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 learned Judicial Magistrate No.II, Ramanathapuram daily at 10.30 a.m. until further orders. The https://hcservices.ecourts.gov.in/hcservices/

petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 19/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.II RAMANATHAPURAM.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM.

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

4 THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

+1. CC to M/S.M.SUBASH BABU Advocate SR.No.47946 Akm/20.08.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.16047 of 2015 Date :19/08/2015 https://hcservices.ecourts.gov.in/hcservices/