Dharmalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6993 of 2018 1 DHARMALINGAM 2 PALANIMURUGAN 3 MADASAMY 4 NAGALINGAM ... PETITIONERS/ACCUSED 1TO 4 Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE EMANESWARAM POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO.62/2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 & 506(ii) IPC and Section 4 of TNPWH Act in Crime No.62 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3.The learned Government Advocate(Crl.side) submitted that the injured persons are still in hospital. However, taking note of the overt act attributed to the petitioners No.1, 3 & 4 this Court is inclined to grant anticipatory bail to them.

4.The second petitioner, namely, Palanimurugan, had used aruval. Therefore considering the nature of the overt act attributed to the second petitioner, this Court is not inclined to grant anticipatory bail to the second petitioner. Accordingly, the Criminal Original Petition is dismissed as regards the second petitioner.

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4. Accordingly, the petitioners No.1, 3 & 4 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 the petitioners No.1, 3 & 4 shall appear before the respondent police as and when required for interrogation. The petitioners No.1, 3 & 4 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners No.1, 3 & 4 shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 26/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE EMANESWARAM POLICE STATION, RAMANATHAPURAM DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.7409 GJM/RR/VK/4.5.18-2P-6C

ORDER

IN CRL OP(MD) No.6993 of 2018 Date :26/04/2018 https://hcservices.ecourts.gov.in/hcservices/