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Madras High CourtCRL OP(MD)/18984/2015ordered

Swaminathan v. The 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)Nos.18984 & 18951 of 2015 SWAMINATHAN ..PETITIONER/ACCUSED NO.3 in Crl.OP(MD)No.18984/2015 N.CHIDAMBARAM ..PETITIONER/ACCUSED NO.4 in Crl.OP(MD)No.18951/2015 Vs.

STATE REP.BY THE INSPECTOR OF POLICE NANGUNERI - POLICE STATION, THIRUNELVELI DISTRICT.

(CRIME NO. 164 OF 2015 RESPECTIVELY) ..RESPONDENT/COMPLAINANT in both the petitions For Petitioner : M/S.D.BALAMURUGAPANDI,Advocate in Crl.OP(MD)No.18984/2015 For Petitioner : Mr.SIVA AYYAPPAN ASSOCIATES, Advocate in Crl.OP(MD)No.18951/2015 For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) in both the petitions 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 406, 294(b), 350, 352, 506(ii) IPC in Crime No.164 of 2015 on the file of the respondent Police and hence, seek anticipatory bail. 2.The case of the prosecution is that on 20.09.2015 the petitioner and the other accused scolded the de facto complainant in filthy language and threatened him.

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

4.Heard the learned Government Advocate (Crl.side) appearing for the respondent Police.

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 Judicial Magistrate, Nanguneri, Tirunelveli District, 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 until further orders. 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 / https://hcservices.ecourts.gov.in/hcservices/

Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, NANGUNERI - POLICE STATION, THIRUNELVELI DISTRICT.

+2. CC to M/S D.BALAMURUGAPANDI Advocate SR.No.58022 & 58186 +1cc to Mr.Siva Ayyappan Associates, Advocate SR.No.58270 ORDER IN CRL OP(MD)Nos.18984 & 18951 of 2015 Date :01/10/2015 PBK/AMF/SAR-II 08/10/2015 ::2P-8C::

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