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Madras High CourtCRL OP(MD)/5694/2018granted

Nallu v. The Sub Inspector Of Police

2018-04-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5694 of 2018 1 NALLU 2 SEKAR ... PETITIONER/ACCUSED NO.1& 3 Vs THE STATE THROUGH THE SUB INSPECTOR OF POLICE VIRALIMALAI POLICE STATION, PUDUKKOTTAI DISTRICT.

IN CR NO. 105/2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.P.GANAPATHI SUBRAMANIAN 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 apprehending arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323 and 506(ii) of I.P.C., in Crime No.105 of 2018, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity the defacto complainant lodged a complaint against these petitioners. Hence, the case has been registered for the above said offences.

3.It is submitted by the learned counsel for the petitioners is that the victim was having illicit intimacy with daughter of the 1st petitioner and sister of the 2nd petitioner and therefore out of provocation the occurrence has been done and that the petitioners are innocent persons 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(Criminal Side) has opposed grant anticipatory bail to the petitioners.

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5. Taking note of the background facts, 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, Keeranur, and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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/- 11/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KEERANUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT 3 THE SUB INSPECTOR OF POLICE VIRALIMALAI POLICE STATION, PUDUKKOTTAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.6188 KSA GJM/PMI/SAR-4-16.4.18-2P-6C

ORDER

IN CRL OP(MD) No.5694 of 2018 Date :11/04/2018 https://hcservices.ecourts.gov.in/hcservices/