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Madras High CourtCRL OP(MD)/21731/2015ordered

Pandi v. The Inspector Of Police

2015-11-18Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21731 of 2015 PANDI ... PETITIONER/ACCUSED NO.3 Vs THE STATE THE INSPECTOR OF POLICE KADAMBUR POLICE STATION, THOOTHUKUDI DISTRICT, CRIME NO.140/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S G.THALAIMUTHARASU 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 petitioner, who is the accused No.3, prays for the grant of anticipatory bail under Section 438 of Cr.P.C. for offences punishable under Sections 294(b), 323, 448 and 506(ii) I.P.C. and Section 4 of TNPWH Act in Crime No.140 of 2015 on the file of the respondent police.

2. The case of the prosecution is that the petitioner along with other accused have bursted crackers near the house of the de-facto complainant and when the same was questioned, the petitioner and the other accused have attacked the de-facto complainant and caused simple injury.

3. The Government Advocate (Crl. Side) submits that the accused 1 and 2 have been arrested and the de-facto complainant sustained simple injury.

4. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.I, Kovilpatti, within 15 days from the date of receipt of copy of the order, (i) the petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction;

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(ii)the petitioner shall be available for interrogation by the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required.

sd/- 18/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE KADAMBUR POLICE STATION,THOOTHUKUDI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S G.THALAIMUTHARASU Advocate SR.No. 66069

ORDER

IN CRL OP(MD) No.21731 of 2015 Date :18/11/2015 CSL/JGB-DP/AR-II/20.11.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/