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Madras High CourtCRL OP(MD)/10005/2016granted

Uma Maheswari v. The Inspector Of Police

2016-06-23Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10005 of 2016 1 UMA MAHESWARI 2 GANDHI ... PETITIONERS / ACCUSED NO.2 & 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO. 189 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.SRINIVASAN Advocate For Respondent : MR.P.KANNITHEVAN, 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 Nos.2 and 3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(B),323 and 506(ii) of IPC, in Crime No.189 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel the petitioners attacked the defacto complainant by using wooden stick and also threatened him with dire consequences.

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

4. The learned Government Advocate (Crl.Side) submitted that this is the case and counter case and the injured persons had already been discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that the injured persons had already been discharged from the hospital, 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, Manamadurai, Sivagangai District 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 https://hcservices.ecourts.gov.in/hcservices/

sum to the satisfaction of the learned Magistrate concerned and on further condition that the second petitioner shall appear before the respondent police daily at 10.00 am until further orders and the first petitioner being a lady shall appear before the respondent Police as and when required for interrogation. The petitioner shall comply with the condition 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 stands dismissed.

sd/- 23/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.

+1. CC to M/S R.SRINIVASAN Advocate SR.No.32518.

ORDER

IN CRL OP(MD) No.10005 of 2016 Date :23/06/2016 AM/AAL.MPA/SAR-I/28.06.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/