Karupasamy, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5389 of 2018 1 KARUPASAMY 2 MUTHU RAKKU 3 ARUN PANDIAN ... PETITIONERS/ACCUSED Nos.1to3 Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE, NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.57 OF 2018) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.M.JOTHI BASU, Advocate For Respondent : M/S.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, 294(b), 323 and 326 IPC r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.57 of 2018, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, on 31.03.2018 at 1.45 hours, the petitioners assaulted and abused the de-facto complainant in filthy language and also attacked the de-facto complainant's son. On complaint, a case has been registered against the petitioners.

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.

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

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, Aruppukottai, 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/- 06/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE SUB INSPECTOR OF POLICE, NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.JOTHI BASU Advocate SR.No.5608

ORDER

IN CRL OP(MD) No.5389 of 2018 Date :06/04/2018 PK/RR-CSL/SAR-3/10.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/