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Madras High CourtCRL OP(MD)/6529/2018granted

Natesan, v. The Inspector Of Police,

2018-04-25Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6529 & 6582 of 2018 NATESAN ... PETITIONERS/ACCUSED No.2 IN CRL OP(MD)No.6529/2018 R.MURUGESAN ... PETITIONERS/ACCUSED No.1 IN CRL OP(MD)No.6582/2018 Vs THE STATE OF TAMILNADU, THE INSPECTOR OF POLICE, K.PARAMATHI POLICE STATION, KARUR.

(CRIME NO.57 OF 2018) ... RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS For Petitioners : M/S.G.MANIKANDAN, Advocate IN BOTH THE PETITIONS For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) IN BOTH THE PETITIONS For Intervenor : M/S.V.BALAJI, Advocate IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- COMMON ORDER The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 452, 420,506(ii) I.P.C, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss Act) in Crime No.57 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side).

3.The learned counsel for the intervenor submitted that the petitioners caused damage to the properties, worth about Rs.15,000/-. He also submitted that one person is still taking treatment in the hospital.

4.Taking note of the acts on the part of the petitioners, the petitioners shall join together and deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) to the credit of Crime No.57 of 2018 before the learned Judicial Magistrate No.II, Karur at the time of surrender. It is open to the defacto complainant to withdraw the said amount.

5.The learned counsel for the petitioners undertakes before this Court that he will file an affidavit of undertaking that the petitioners will not interfere with the defacto complainant's civil rights.

6.The undertaking given by the learned counsel for the petitioners is recorded.

7.In view of the undertaking, 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 No.II, Karur and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 8.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 shall stand dismissed.

sd/- 25/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, KARUR 3 THE INSPECTOR OF POLICE, K.PARAMATHI POLICE STATION, KARUR.

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

+2. CC to M/S.G.MANIKANDAN, Advocate SR.Nos.7061, 7062 ORDER IN CRL OP(MD) No.6529&6582 of 2018 Date :25/04/2018

PK/PN/RNB/03.05.2018 : 2P/7C