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Madras High CourtCRL OP(MD)/9331/2015allowed

K. Guruvammal v. Theinspector Of Police

2015-05-21Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL OP(MD) No.9331 of 2015 1 K. GURUVAMMAL 2 S. GOVINDAMMAL ... PETITIONERS/ACCUSED NOS.3 & 2 Vs STATE REP BY THE INSPECTOR OF POLICE SEITHUR POLICE STATION RAJAPALAYAM TALUK VIRUDHUNAGAR DISTRICT CRIME NO 161 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.NIRESH KUMAR Advocate For Respondent : M/S.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 A3 and A2 in Crime No.161 of 2015 on the file of the file of the respondent police, apprehend arrest for the offences under Sections 294(b), 324 r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act and seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (crl. side).

3.It is submitted by the learned counsel for the petitioners that the petitioners have committed no offence and the first accused in this case has been arrested and enlarged on bail, already. 4.The learned Government Advocate(Crl.side) submitted that there is civil dispute between the parties and the injured person has already been discharged from hospital.

5.On consideration of the facts and circumstances of the case and the submissions made,this Court is of the view that the petitioners can be granted the relief prayed for with conditions and accordingly;

(a)In the event of arrest by or on appearance before the respondent police; or https://hcservices.ecourts.gov.in/hcservices/

(b)In the event of appearance before the learned Judicial Magistrate, Rajapalayam, within fifteen days from the date on which the order copy made ready;

(i)The petitioners shall be enlarged on bail on their executing a separate bond for Rs.10,000/- (Rupees Ten Thousand Only) with two sureties for the like sum to the satisfaction of the Judicial Magistrate, Rajapalayam, (ii)The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

(iii)The petitioners shall be available for interrogation by the respondent police daily at 5.30 p.m. for two weeks and thereafter, as and when required for interrogation. The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 21/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTTUR 3 THE INSPECTOR OF POLICE SEITHUR POLICE STATION RAJAPALAYAM TALUK VIRUDHUNAGAR DISTRICT 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.NIRESH KUMAR Advocate SR.No.26213

ORDER

IN CRL OP(MD) No.9331 of 2015 Date :21/05/2015 NA/25/05/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/