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Madras High CourtCRL OP(MD)/9228/2015ordered

Rasu Thevar v. The Inspector Of Police

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.9228 of 2015 1 RASU THEVAR 2 POTHUMANI 3 LATHA 4 SELVI 5 BHUVANA ... PETITIONERS/ACCUSED No.2 TO 6 Vs STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT.

(CR. NO. 4/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHICK Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.2 to 6 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) and 406 IPC and Section 4 of D.P. Act in Crime No.4 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. It is submitted by the learned counsel appearing for the petitioners that in this case, by an order dated 19.03.2015, this Court has granted interim anticipatory bail to the petitioners. Further, in view of the submission of the learned Government Advocate that the petitioners names will be deleted from the First Information Report, since they are innocents persons, they withdrew the earlier anticipatory bail application on 28.04.2015. However, till now, the petitioners' names are not deleted from the First Information Report. The learned counsel appearing for the petitioners further submitted that in this case, the main accused, namely, the first accused has already been granted anticipatory bail by the Principal Sessions Court, Theni in Cr.M.P.No.780 of 2015 dated 24.03.2015 and hence, he prays for anticipatory bail in favour of the petitioners. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned Government Advocate (Crl.Side) appearing for the respondent.

4. Considering the facts and circumstances of the case and also considering the fact that the main accused has already been granted anticipatory bail and the petitioners were earlier granted interim anticipatory bail by this Court, 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, Uthamapalayam, and on each 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 concerned Judicial Magistrate daily at 10.30 a.m. until further order. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5. 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 JUDICAIL MAGISTRATE,UTHAMAPALAYAM.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI. 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.M.S.JEYAKARTHICK Advocate SR.No.25560 ORDER IN CRL OP(MD) No.9228 of 2015 Date :14/05/2015 PA/14.05.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/