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Madras High CourtCRL OP(MD)/16316/2017granted

Karuppasamy, v. The Inspector Of Police,

2017-11-28Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16316 of 2017 1 KARUPPASAMY, 2 PANDIAMMAL, ... PETITIONERS/ACCUSED 1 to 2 Vs THE STATE REP BY THE INSPECTOR OF POLICE, VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.377 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.S.BALAJI Advocate For Respondent : MR.K.ANBARASAN, 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.1 and 2, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 506(ii) of I.P.C., in Crime No.377 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners are the wife and son of the defacto complainant, on 17.11.2017, the petitioners attacked the defacto complainant and thereby, the defacto complainant sustained simple injuries and lodged a complaint before the respondent police.

3.The learned counsel for the petitioners submitted that the petitioners did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that it was a purely a family dispute between the petitioners and the defacto complainant.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also

considering the submission made by the learned Government Advocate (Crl. Side), I am 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioners shall report before the respondent police, daily at 10.30 a.m., for a period of two weeks, and thereafter, as and when required for interrogation;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioners shall not abscond either during investigation or trial;

(v) the petitioners shall not commit any offence while on bail; (vii) On breach of any of the aforesaid conditions, the learned Magistrate/trial Court is entitled to take appropriate action against the petitioner in accordance with law and the anticipatory bail granted stands cancelled automatically. sd/- 28/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE, VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.BALAJI Advocate SR.No.35231

ORDER

IN CRL OP(MD) No.16316 of 2017 Date :28/11/2017 SMA/PM-PN/SAR-2/06.12.2017:2P/6c https://hcservices.ecourts.gov.in/hcservices/