Madras High CourtCRL OP(MD)/17264/2015allowed

Kasthuri v. The Sub Inspector Of Police

2015-09-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17264 of 2015 1 KASTHURI 2 MUTHAIAH 3 BHARANI KIRTHIKA 4 KARTHICK CHANDAR ..PETITIONERS 1 to 4/ACCUSED 1 to 4 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE NAGAMALAI PUDUKKOTTAI POLICE STATION, MADURAI DISTRICT.

(CRIME NO. 434 OF 2015).

..RESPONDENT/COMPLAINANT For Petitioner : M/S M.SENDHILKUMAR Advocate For Respondent : M/s.S.PRABHA, 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 Nos.1 to 4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) of the Indian Penal Code read with Section 4 of TNWH Act in Crime No.434 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioners abused the defacto complainant and caused injuries to him.

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

4. The learned Government Advocate (Criminal Side) submitted that the injured person had already been discharged from the hospital.

5. The learned counsel for the petitioners seek permission of this Court to withdraw the petition in respect of the fourth petitioner, since he is a Juvenile. Hence, this Criminal Original Petition is dismissed in respect of the fourth petitioner.

6. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners 1 to 3, with certain conditions.

7. Accordingly, the petitioners 1 to 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Additional Mahila Court, Madurai and on each of them 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 1 and 2 shall appear before the respondent police daily at 10.00 a.m.,until further orders and the https://hcservices.ecourts.gov.in/hcservices/

third petitioner shall appear before the respondent police as and when required for interrogation. The petitioners 1 to 3 shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

8. The petitioners 1 to 3 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/- 07/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDITIONAL MAHILA JUDGE, ADDITIONAL MAHILA COURT, MADURAI. 2 THE PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 3 THE INSPECOTR OF POLICE, NAGAMALAI PUDUKKOTTAI POLICE STATION, MADURAI DISTRICT.

+1. CC to M/S M.SENDHILKUMAR Advocate SR.No.53114 ORDER IN CRL OP(MD) No.17264 of 2015 Date :07/09/2015 PBK/AAL-MPA/SAR-II 10/09/2015 ::2P-5C::

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