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Madras High CourtCRL OP(MD)/3615/2017ordered

Paramasivam v. The Inspector Of Police

2017-03-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3615 of 2017 1 PARAMASIVAM 2 VEERARAGHAVAN 3 BALAJI 4 VEYAGULAMERY ... PETITIONERS/ACCUSED No.1 to 3 ACCUSED NO.4 NOT AN ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT (CRIME NO.85 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MUTHUMALAIRAJA Advocate For Respondent : MRS.S.PRABHA, 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 A-1 to A-4 in Crime No.85 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i) of IPC and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that due to previous enmity, the petitioners along with other accused attacked the defacto complainant with stick and abused.

4.The learned counsel for the petitioners would submit that the petitioners have nothing to do with the alleged offence and they have been falsely implicated in this case.

5.The learned Government Advocate (Crl. Side) would submit that this is a case of case in counter and no one sustained injury. https://hcservices.ecourts.gov.in/hcservices/

6.Considering the facts and circumstances of the case and also considering the fact that no one sustained injury in the occurrence, 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.III, Thanjavur and on their executing a 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 petitioners 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.

7.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/- 28/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, THANJAVUR 2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR 3 THE INSPECTOR OF POLICE AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUTHUMALAIRAJA Advocate SR.No.18535

ORDER

IN CRL OP(MD) No.3615 of 2017 Date :28/03/2017 SMA/NDD/SAR-4/06.04.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/