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Madras High CourtCRL OP(MD)/5576/2018allowed

Shyam v. The Inspector Of Police

2018-04-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5576 of 2018 1 SHYAM 2 THANGARAJA 3 CHELLADURAI 4 MAHESH 5 MURUGAN 6 PANNEER SELVAM 7 AJITH 8 PRAVIN ... PETITIONERS/ ACCUSED rank no. 1 to 8 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT.

IN CR.NO. 176/2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.MAHARAJA Advocate For Respondent : Mr.A.ROBINSON, Govt. 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, 341, 294(b), 323, 324, 307 and 506(ii) IPC in Crime No. 176 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.It is submitted that the injured has already been discharged from the hospital.

4.Since the petitioners 3 and 8, namely Chelladurai and Pravin have already been arrested, this Criminal Original Petition has become infructuous, so far as they are concerned. Accordingly, the Criminal Original Petition is dismissed as infructuous in respect of petitioners 3 and 8.

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5.The learned Government Advocate (Crl.side) submitted that investigation is pending.

6.Considering the nature of allegation made against the petitioners 1, 2, 4 to 7, this Court is inclined to grant anticipatory bail to the petitioners 1, 2, 4 to 7 with certain conditions. Accordingly, the petitioners 1, 2, 4 to 7 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Valliyoor, Tirunelveli District 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 on further condition that the petitioners 1, 2, 4 to 7 shall appear before the respondent police as and when required for interrogation. The petitioners 1, 2, 4 to 7 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners 1, 2, 4 to 7 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/- 10/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT.

2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5576 of 2018 Date :10/04/2018 SDS/CM:VR/VK/18.04.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/