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Madras High CourtCRL OP(MD)/18509/2015allowed

Matcha Kalai v. The Sub Inspector Of Police

2015-10-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18509 of 2015 1 MATCHA KALAI 2 PITCHAI KUTTI 3 VEERAMANIKANDAN 4 GANAPATHY 5 MANIMARAN 6 SARAVANAN 7 C. THAVARAJA 8 R. THAVARAJA 9 MAYAKANNAN 10 B. BALAMURUGAN ... PETITIONERS/ ACCUSED NO.4 TO 13 Vs STATE REP. BY THE SUB INSPECTOR OF POLICE C5 SILAIMAN POLICE STATION, MADURAI DISTRICT.

(CRIME NO. 360 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S G.SOLAI RAJA Advocate For Respondent : MS.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, apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 506(i) and 379 (NP) and Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.360 of 2015 on the file of the respondent Police and hence, seek anticipatory bail.

2.According to the de facto complainant, while his elder son viz., Vijayan was on the way to his house in a two wheeler, the accused assaulted him and hence, he fell down on the road. Immediately, the de facto complainant along with his wife and also the mother-in-law rushed the spot and they were also beaten by the accused and caused injuries to the de facto complainant and his wife.

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

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4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that injured had already 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 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 shall appear before the respondent police daily at 10.00 am for a period of two weeks and thereafter, as and when required. The 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/- 01/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE C5 SILAIMAN POLICE STATION, MADURAI DISTRICT.

2 THE ADDITIONAL MAHILA COURT, MADURAI.

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

+1. CC to M/S G.SOLAI RAJA Advocate SR.No.57872

ORDER

IN CRL OP(MD) No.18509 of 2015 Date :01/10/2015 NS/NGM-SS/SAR II/07.10.2015 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/