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Madras High CourtCRL OP(MD)/20592/2015ordered

Velusamy v. The Insepctor Of Police

2015-10-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20592 of 2015 1 VELUSAMY 2 POONGOTHAI 3 MUTHURANI 5 VELLAIAMMAL ... PETITIONERS / ACCUSED No.2,3,5,6&7 Vs STATE REP.BY THE INSEPCTOR OF POLICE SHOLAVANDAN POLICE STATION, MADURAI DISTRICT. (CRIME NO. 188 OF 2014) ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.SEEMARAJ Advocate For Respondent : MRS.S.PRABHA, Government 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,A3,A5,A6 and A7, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 147, 323, 324 and 506(ii) of I.P.C., r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.188 of 2014 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the petitioners and the de-facto complainant, the petitioners attacked the de-facto complainant with stick and crowbar 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 and it is further submitted that A1 and A4 were arrested and released on bail and the petitioners No.3 to 5 are not arrayed as an accused in this case and hence, this petition is dismissed in respect of the petitioners No.3 to 5.

4. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner Nos.1 and 2 with certain conditions.

5. Accordingly, the petitioners No.1 and 2 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Vadipatti and on 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 first petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders and the second https://hcservices.ecourts.gov.in/hcservices/

petitioner shall appear before the respondent police as and when required for interrogation. The petitioner Nos.1 and 2 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner Nos.1 and 2 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/- 30/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE VADIPATTI 2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE INSEPCTOR OF POLICE SHOLAVANDAN POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S K.SEEMARAJ Advocate SR.No.63992 JAM /02/11/2015/ SKS-RR/SAR II/2P-6C

ORDER

IN CRL OP(MD) No.20592 of 2015 Date :30/10/2015 https://hcservices.ecourts.gov.in/hcservices/