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Madras High CourtCRL OP(MD)/4879/2018granted

Nagavalli, W/O.Ganesan, v. The Inspector Of Police,

2018-04-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4879 of 2018 1 NAGAVALLI 2 GOWSALYA @ RENUKA 3 VIMALA, W/O.PUSHBARAJ 4 KALPANA, W/O.MANI ... PETITIONERS / ACCUSED No.1 to 4 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, NAINAR KOVIL POLICE STATION, RAMNAD DISTRICT.

CR.NO.26 OF 2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.BOOMINATHAN Advocate For Respondent : A.P.G.OHM CHAIRMA PRABHU, 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, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 & 506(i) IPC in Crime No.26 of 2018 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 19.03.2018, there was a quarrel between the defacto complainant's son and the first petitioner. The defacto complainant questioned the act of the first petitioner. Thereafter, the petitioners abused the defacto complainant by using filthy languages and they attacked the defacto complainant by using wooden log. Hence, the present case has been registered against the petitioners herein.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution and that he does not press this petition as regards the second petitioner, namely, Gowsalya.

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4.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that 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 except A2, with certain conditions. Accordingly, the petitioners namely A1, A3 and A4 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Paramakudi 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 above said petitioners namely A1, A3 and A4 shall appear before the respondent police as and when required for interrogation. The above said petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 6.The above said 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 stands dismissed.

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

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, NAINAR KOVIL POLICE STATION, RAMNAD DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK, Advocate SR.No.5260

ORDER

IN CRL OP(MD) No.4879 of 2018 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/CM:VR/SAR.1/03.04.2018/2P/6C