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Madras High CourtCRL OP(MD)/21838/2015ordered

Dinesh@Dineshkumar v. The Inspector Of Police

2015-11-20Honourable Ms.Justice V.M.Velumani2 pages

ABEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21838 of 2015 1 DINESH@DINESHKUMAR 2 DURAISINGAM 3 DENSINGH 4 KARTHIKAIVENDAN 5 THIRUMURUGAN ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE BOOTHALUR POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.282 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : M/S.K.ANBARASAN, 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 offences punishable under Sections 147, 332, 506(i) of I.P.C., in Crime No.282 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a Police Constable, attached to the respondent Police Station. While he was on duty, he checked the petitioners' vehicle, when they were driving the vehicle in a drunken stage. At that time, the petitioners threatened the defacto complainant with dire consequences and abused him in filthy language.

3. The case of the petitioners is that they are innocent and their names have been falsely implicated and they were not connected with the offence. It is the further case of the petitioners that neither they caused any hurt nor threatened the defacto complainant.

4. The learned Government Advocate (Crl.side) submitted that the petitioners prevented a police constable from discharging his duties.

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5. The learned counsel appearing for the petitioners submitted that all other accused have been arrested and enlarged on bail on 19.11.2015.

6. Considering the nature of the case and co-accused are arrested and enlarged on bail, 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.3, Thanjavur 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 shall appear before the respondent police twice daily i.e at 10.00 a.m. and 05.00 p.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/- 20/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.3, THANJAVUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE BOOTHALUR POLICE STATION, THANJAVUR DISTRICT. +1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.66752 RL/6C/SK/SARI/26/11/2015

ORDER

IN CRL OP(MD) No.21838 of 2015 Date :20/11/2015 https://hcservices.ecourts.gov.in/hcservices/