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Madras High CourtCRL OP(MD)/1380/2016ordered

Gandhimathi v. The Inspector Of Police

2016-01-27Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of January Two Thousand Sixteen PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI CRL OP(MD) No.1380 of 2016 1 GANDHIMATHI 2 MAKESH ... PETITIONER/ ACCUSED No.1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE MANDAIKADU POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO. 17/2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.RAMAKRISHNAN Advocate For Respondent : Mr.P.KANNITHEVAN 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 1 and 2 in Crime No.17 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323, 452, 506(ii) and 379(NP) IPC IPC and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with A3 formed unlawful assembly and tresspassed into the defacto complainant's house and assaulted the defacto complainant with filthy language and threatened and took away Rs.7500/-.

3. It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for anticipatory bail in favour of the petitioners. 4.The learned Government Advocate(Crl. Side) submitted that the injured had already been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured had already been discharged from the hospital., this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. https://hcservices.ecourts.gov.in/hcservices/

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Eraniel, Kanyakumari District and on their 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 of the learned Magistrate concerned and on further condition that the second petitioner shall appear before the respondent police daily at 10.00 a.m until further orders and the first petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 27/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ERANIEL, KANYAKUMARI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI DISTRICT 3 THE INSPECTOR OF POLICE,MANDAIKADU POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S S.RAMAKRISHNAN Advocate SR.No.4497

ORDER

IN CRL OP(MD) No.1380 of 2016 Date :27/01/2016 CM NS/JGB-DP/ARII/28.1.16:2P-6C https://hcservices.ecourts.gov.in/hcservices/