Madras High CourtCRL OP(MD)/5146/2018granted

Stalin, v. Thesub-Inspector Of Police,

2018-04-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5146 of 2018 1 STALIN, 2 SEKAR, 3 VELKUMAR, ... PETITIONERS/ ACCUSED NO.1 TO 3 Vs STATE REPRESENTED BY THE SUB-INSPECTOR OF POLICE, TIRUCHENDUR TALUK POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.70 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.SELVAKUMAR Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) IPC and Section 4 of TNPHW Act, in Crime No.70 of 2018, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 10.03.2018, at 9.00 p.m., the petitioners along with other accused attacked the de-facto complainant with iron rod and sticks. On complaint, the case has been registered for the above said offences.

3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and prays for bail in favour of the petitioners.

4.It is submitted by the learned Government Advocate (Criminal side) that the injured person had already been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the above said facts and circumstances, 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 arrest or on their appearance before the learned Judicial Magistrate, Tiruchendur, 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.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 shall stand dismissed.

sd/- 04/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SMN2 TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT.

3 THESUB-INSPECTOR OF POLICE, TIRUCHENDUR TALUK POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.S.SELVAKUMAR Advocate SR.No.5584 GJM/PN/SAR-3-9.4.18-2P-6C

ORDER

IN CRL OP(MD) No.5146 of 2018 Date :04/04/2018 https://hcservices.ecourts.gov.in/hcservices/