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Madras High CourtCRL OP(MD)/9096/2015ordered

Balamurugan, v. State Rep. By Inspector Of

2015-05-14Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of May Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE G.CHOCKALINGAM CRL OP(MD) No.9096 of 2015 1 BALAMURUGAN 2 MARI 3 ALAGU ... PETITIONERS/ACCUSED 1 TO 3 Vs STATE REP. BY INSPECTOR OF POLICE, AVIYUR POLICE STATION, VIRUDHUNAGAR DISTRICT.(CR.NO.86/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, 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 A1 to A3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 323, 324 and 506(ii) of I.P.C., and Section 4 of Women Harassment Act in Crime No.86 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to family dispute, A1 along with others assaulted the de-facto complainant with hands and also threatened her with dire consequences.

3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and a false case has been foisted against them. 4.The learned Government Advocate (Crl.side) submits that no one sustained injury in the alleged occurrence.

5.Considering the facts and circumstances of the case and also considering the fact that no one sustained injury in the alleged occurrence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Virudhunagar 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 two weeks and thereafter as and https://hcservices.ecourts.gov.in/hcservices/

when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 14/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR. 2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, AVIYUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.25329 SR/PRV : 14.05.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.9096 of 2015 Date :14/05/2015 https://hcservices.ecourts.gov.in/hcservices/