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Madras High CourtCRL OP(MD)/21720/2015ordered

Dharmaraj v. The Inspector Of Police

2015-11-23Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21720 of 2015 1 DHARMARAJ 2 MARUTHAN@MARUTHANAYAGAM 3 MURUGESAN 4 THAILAPILLAI ... PETITIONERS/ACCUSED NOS.1 TO 4 Vs THE STATE REP BY THE INSPECTOR OF POLICE LALAPET POLICE STATION,KARUR DISTRICT.

(CRIME NO. 350 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.PALANIRAJA Advocate For Respondent : M/S.K.ANBARASAN, Govt. Advocate ( Crl. Side) For Intervenor : M/S.T.M.MADASAMY, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) of I.P.C., in Crime No.350 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the accused have assaulted the de-facto complainant and caused injury to him.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the injured has been discharged from the hospital.

4. The learned Government Advocate (Crl.side) submitted that the injured has been discharged from the hospital.

5. The learned counsel for the intervenor submitted that the petitioners, who were under the influence of alcohol fell down from the two wheeler and when the defacto complainant went to help them, they attacked him and threatened him with dire consequences. https://hcservices.ecourts.gov.in/hcservices/

6. Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, 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 their arrest or on their appearance before the learned Judicial Magistrate No.1, Kuzhithalai, and on their 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 the petitioners 1, 3 and 4 shall appear before the respondent police daily at 10.00 a.m. until further orders and the 2nd petitioner shall appear before the respondent police every Sunday at 10.00 a.m. until further orders. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.1 KUZHITHALAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE LALAPET POLICE STATION, KARUR DISTRICT.

+1. CC to M/S M.PALANIRAJA Advocate SR.No.66868 RL/6C/NGM/SS/SARI/24/11/2015

ORDER

IN CRL OP(MD) No.21720 of 2015 Date :23/11/2015 https://hcservices.ecourts.gov.in/hcservices/