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Madras High CourtCRL OP(MD)/1366/2017granted

Rengasamy v. The Inspector Of Police

2017-02-09Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1366 of 2017 1 RENGASAMY 2 G.SHANTHI 3 R.LAKSHMI ... PETITIONERS/ACCUSED NO.2,4 & 5 Vs THE STATE REP.BY , THE INSPECTOR OF POLICE VEDASANTHUR POLICE STATION, DINDIGUL DISTRICT.

CRIME NO:440 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.JEGADEESH PANDIAN Advocate For Respondent : MR.P.KANDASAMY, 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, 4 and 5, in Crime No.440 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(ii) of I.P.C and hence, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned Government Advocate(Crl. Side) on instructions submitted that the petitioners herein were granted anticipatory bail along with other accused, as per order dated 20.12.2016 in Crl.O.P (MD)No.23562 of 2016 and no-one sustained injury in the alleged occurrence.

4. The learned counsel for the petitioners submitted that A-1 and A-3 have executed sureties as per order dated 20.12.2016, but the petitioners did not execute sureties because of lapse of time. Hence, the petitioners herein filed this petition seeking anticipatory bail second time.

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5.Considering the facts and circumstances of the case and also considering the fact that no-body is injured in the alleged occurrence, 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, Vedasandur, Dindgil 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 sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. The petitioners 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/- 09/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VEDASANDUR, DINDIGUL DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE INSPECTOR OF POLICE VEDASANTHUR POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.JEGADEESH PANDIAN Advocate SR.No.7456

ORDER

IN CRL OP(MD) No.1366 of 2017 Date :09/02/2017 PM CSL/SV-MMS/SAR-III/14.02.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/