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Madras High CourtCRL OP(MD)/20531/2015allowed

Ramasamy v. The Insepector Of Police

2015-10-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of October Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.20531 of 2015 1 RAMASAMY 2 VELLAIYAMMAL ... PETITIONERS/ ACCUSED NO.2 & 5 Vs STATE : THE INSEPECTOR OF POLICE PALAVIDUTHI POLICE STATION, KARUR DISTRICT, CRIME NO.138/20105 ... RESPONDENT/COMPLAINANT For Petitioner : M/S V.KANNAN Advocate For Respondent : M/S.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 A2 and A5, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.138 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to pathway dispute, the petitioners along with others abused the de-facto complainant in filthy language and also attacked him with wooden log and caused injuries. 3.The learned counsel for the petitioners submitted that 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 had been discharged from the hospital om 05.10.2015.

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 arrest or on their appearance before the learned Judicial Magistrate No.I, Kulithalai 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 https://hcservices.ecourts.gov.in/hcservices/

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/- 28/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE,NO.I, KULITHALAI

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT

3. THE INSEPECTOR OF POLICE,PALAVIDUTHI POLICE STATION, KARUR DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.. +1. CC to M/S V.KANNAN Advocate SR.No.63194

ORDER

IN CRL OP(MD) No.20531 of 2015 Date :28/10/2015 GJM/JGB/SARI-29.10.15-2P-6C https://hcservices.ecourts.gov.in/hcservices/