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Madras High CourtCRL OP(MD)/6823/2018granted

Balasubramani, v. The Inspector Of Police,

2018-04-25Honourable Mr Justice G.R.Swaminathan2 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.6823 of 2018 1 BALASUBRAMANI, 2 THAVASELVI, 3 SIVAKAMI, ... PETITIONERS / ACCUSED NO.2 TO 4 Vs STATE REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THENI, THENI DISTRICT.

(CR.NO.10/2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.P.SENGUTTUARASAN Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 417, 420, 495 and 506(ii) of I.P.C. and Section 4 of Women Harassment Act, in Crime No.10 of 2018, on the file of the respondent police, seek anticipatory bail.

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

3. The learned counsel appearing for the petitioners submitted that he would withdraw the petition in respect of the first petitioner/Balasubramani and therefore, in respect of the first petitioner/Balasubramani, this Criminal Original Petition is dismissed as withdrawn.

4. This Court is of the view that the arrest of the second and third petitioners are not really warranted. Hence, this Court is inclined to grant anticipatory bail to the second and third petitioners with certain conditions. Accordingly, the second and third petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Theni, Theni District and on their executing a bond each https://hcservices.ecourts.gov.in/hcservices/

of them 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 second and third petitioners shall appear before the respondent police as and when required for interrogation. The second and third petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

5. The second and third 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 THENI, THENI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THENI, THENI DISTRICT.

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

+1. CC to M/S.P.SENGUTTUARASAN Advocate SR.No.7187 KSA GJM/PMI/RNB/2.5.18-2P-6C

ORDER

IN CRL OP(MD) No.6823 of 2018 Date :25/04/2018 https://hcservices.ecourts.gov.in/hcservices/