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Madras High CourtCRL OP(MD)/5621/2018allowed

Jayaprakash, 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 Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5621 of 2018 1 JAYAPRAKASH, 2 RAJA, 3 MAHESH, ... PETITIONERS/ ACCUSED NO.2,3&4 Vs STATE, REP.BY THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT.

CRIME NO.50/2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.N.MOHIDEEN BASHA Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 419, 364-A, 506(ii), 307 & 395 of Indian Penal Code and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 in Crime No. 50 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.This Court, earlier dismissed the petition for anticipatory bail on 08.03.2018. Reading of the FIR given in this case, would show that the petitioners are actually victims on the hands of the husband of the de facto complainant and that to recover the money they have come to the occurrence place. The learned counsel appearing for the petitioners also produced the certificate issued by the employer of the first petitioner herein. 4.The learned Government Advocate (Crl.side) submitted that investigation is pending.

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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 arrest or on their appearance before the learned Additional Mahila Court, Madurai 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 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/- 10/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, THE ADDITIONAL MAHILA COURT, MADURAI 2 THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.N.MOHIDEEN BASHA Advocate SR.No.5825 GNS GJM/PN/ASVM/18.4.18-2P-5C

ORDER

IN CRL OP(MD) No.5621 of 2018 Date :10/04/2018 https://hcservices.ecourts.gov.in/hcservices/