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Madras High CourtCRL OP(MD)/14236/2016granted

Karthick, v. The Inspector Of Police,

2016-08-10Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14236 of 2016 1 KARTHICK 2 ARAVINDAN ALIAS ARAVINTH ... PETITIONERS/ACCUSED NO.3 & RANK NOT KNOWN Vs STATE REP BY THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT CR. NO. 443 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S A.K.MANICKAM 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, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323 and 506(i) I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.443 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and they have been falsely implicated in this case and prays for anticipatory bail in favour of the petitioners. 3.It is submitted by the learned Government Advocate (Crl.Side) that no one sustained serious injury.

4.Considering the facts and circumstances of the case and also considering the fact that no one sustained serious injury, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, they 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, Uthamapalayam, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) https://hcservices.ecourts.gov.in/hcservices/

with two sureties each 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. until further orders. (ii)the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioners shall not abscond either during investigation or trial.

(iv)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

5.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not.

sd/- 10/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,UTHAMAPALAYAM 2 THE CHIEF JUDICIAL MAGISTRATE,THENI 3 THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, THENI DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S A.K.MANICKAM Advocate SR.No.43104

ORDER

IN CRL OP(MD) No.14236 of 2016 Date :10/08/2016 AA/NGM-MP/SAR-III/11.08.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/