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Madras High CourtCRL OP(MD)/19806/2015allowed

Gnanaprakasam v. The Insepector Of Police

2015-10-13Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19806 of 2015 1 GNANAPRAKASAM 2 KUZHANTHAISAMY 3 RAJA @ AROCKIYA AMALRAJ .. PETITIONERS/ ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSEPECTOR OF POLICE K. PUDHUPATTI POLICE STATION, PUDUKKOTTAI DISTRICT, CR. NO. 192 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S K.N.GOVARDHANAN Advocate For Respondent : 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 offence punishable under Sections 294(b), 323 and 506(i) of I.P.C.

, and Section 4 of Women Harassment Act, in Crime No.192 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that the father of the firs and second petitioners had executed a gift deed in favour of the defacto complainant's husband and the first and second petitioners filed a suit in O.S.No.139 of 2012 before the learned District Munsif, Thirumayam seeking for partition and the same is pending while so the accused abused and threatened the defacto complainant. 3.The learned counsel for the petitioners submitted that due to civil dispute between the parties, the de-facto complainant gave a false complaint against them and the petitioners are innocent and they have been falsely implicated in this case. 4.The learned Government Advocate (Crl.

side) would submit that the injured has been discharged from the hospital. https://hcservices.ecourts.gov.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Thirumayam, Pudukkottai 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 a.m., for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 13/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM, PUDUKKOTTAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSEPECTOR OF POLICE K. PUDHUPATTI POLICE STATION, PUDUKKOTTAI DISTRICT +1. CC to M/S K.N.GOVARDHANAN Advocate SR.No.60959

ORDER

IN CRL OP(MD) No.19806 of 2015 Date :13/10/2015 rg.16.10.2015/NGM.SS/SAR-I 2P/6C.

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