Boopathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4298 of 2018 1 BOOPATHY 2 CHANDRASEKAR 3 KANNAN ... PETITIONERS / ACCUSED 2 TO 4 Vs STATE REP.BY THE INSPECTOR OF POLICE TOWN POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME NO.41 OF 2018) ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.D.BALAMURUGAPANDI Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government 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, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 448, 508(ii) IPC and Section 4 of Women Harassment Act and Section 4 of Exorbitant Interest Act in Crime No.41 of 2018 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners had beaten the defacto complainant and scolded in filthy language and made life threat to him. Therefore, the respondent police registered a case in Crime No.41 of 2018 on the file of Town Police Station, Ramanathapuram District.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any of the offences as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that all the injuries committed by the petitioners are simple.

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5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), 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 arrest or on their appearance before the learned District Munsif cum Judicial Magistrate, Rameswaram, Ramanathapuram District and on their 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 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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 shall stand dismissed.

sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, RAMESWARAM, RAMANATHAPURAM DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE TOWN POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.BALAMURUGAPANDI Advocate SR.No.5221 GJM/RR/SAR-I-4.4.18-2P-6C

ORDER

IN CRL OP(MD) No.4298 of 2018 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/