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Madras High CourtCRL OP(MD)/9978/2015ordered

Karuppasamy v. The Inspector Of Police

2015-06-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9978 of 2015 1 KARUPPASAMY 2 MURUGESWARI 3 SELVAM ..PETITIONERS/ACCUSED 1,3 & 4 Vs.

STATE REP.BY THE INSPECTOR OF POLICE IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DT, CRIME NO.269/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.BALAJI Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(ii) I.P.C r/w Section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No.269 of 2015 and hence, seek anticipatory bail. 2.The case of the prosecution that the second accused attacked the defacto complainant with wooden log and that was questioned by the defacto complainant's husband and at that time, the petitioners attacked the defacto complainant's husband.

3.The learned counsel for the petitioners submitted that a false case has been foisted against the petitioners and other accused.

4. The learned Government Advocate submitted that the injured had already been discharged from hospital.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the State and also perused the entire materials available on record.

6. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on anticipatory bail. 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, Sattur, Virudhunagar District, and on each of them executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction to the learned Magistrate concerned and on further condition that the petitioners 1 and 3 shall appear before the respondent police daily at 10.0 a.m for a period of two weeks and thereafter as and when required and the second petitioner shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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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/- 16/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR, VIRDHUNAGAR DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S.S.BALAJI Advocate SR.No.31148 ORDER IN CRL OP(MD) No.9978 of 2015 Date :16/06/2015 PBK/AMF 17/06/2015 ::2P-6C::

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