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Madras High CourtCRL OP(MD)/5285/2018granted

Selvi, v. The Inspector Of Police,

2018-04-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5285 of 2018 1 SELVI, 2 SUYAMBURAJ, ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE : REPRESENTED BY THE INSPECTOR OF POLICE, NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.35 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.T.A.EBENEZER 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 294(b), 323, 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.35 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3.Due to dispute regarding the water sharing, the petitioners harassed and abused the de facto complainant. The injury suffered by the de facto complainant was simple in nature. 4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that there is no previous case registered against the petitioners herein.

5.Considering the nature of allegation made against the petitioners, 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 https://hcservices.ecourts.gov.in/hcservices/

arrest or on their appearance before the learned Judicial Magistrate Court, Sattankulam and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 05/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

3 THE INSPECTOR OF POLICE, NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.A.EBENEZER Advocate SR.No.5603 GNS GJM/PMI/SAR-4-16.4.18-2P-6C

ORDER

IN CRL OP(MD) No.5285 of 2018 Date :05/04/2018 https://hcservices.ecourts.gov.in/hcservices/