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Madras High CourtCRL OP(MD)/19204/2015allowed

Sithava Naicker v. The Inspector Of Police

2015-10-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19204 of 2015 1 SITHAVA NAICKER 2 RUKMANI 3 RAMAMOORTHI ... PETITIONER / ACCUSED(Rank Not Known) Vs THE STATE REP.BY THE INSPECTOR OF POLICE PUDHUR POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO. 124/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.ANAND 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 an alleged offences punishable under Sections 294(b),323,324 of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.124 of 2015, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to family dispute the petitioners have attacked the de facto complainant by using hands and abused him in filthy language. This is the case and counter case.

3. The learned counsel for the petitioners submitted that the petitioners are an innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) would submit that the injured has already been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate - cum - District Munsif, Vilathikulam, 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 3rd petitioner shall appear before the respondent police daily at 10.00 am until further orders and the petitioners 1 and 2 shall appear before the respondent https://hcservices.ecourts.gov.in/hcservices/

police as and when required for interrogation. 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/- 06/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE PUDHUR POLICE STATION, THOOTHUKUDI DISTRICT.

2 THE JUDICIAL MAGISTRATE, CUM-DISTRICT MUNSIF, VILATHIKULAM 3 DO THRO'THE CHIEF JUDICIAL MAGISTRATE , THOOTHUKUDI 4 THE THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S R.ANAND Advocate SR.No.58803

ORDER

IN CRL OP(MD) No.19204 of 2015 Date :06/10/2015 JAM/ SK-SKN/SAR-I /08.10.2015/ 2P-6C https://hcservices.ecourts.gov.in/hcservices/