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Madras High CourtCRL OP(MD)/397/2017granted

Rajesh @ Thiraviyaraj, v. The Inspector Of Police,

2017-01-30Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.397 of 2017 1 RAJESH @ THIRAVIYARAJ, 2 SARAVANAN, 3 ALBERT, 4 ROBERT, 5 RAMESH @ RAJA, ... PETITIONER/ ACCUSED 1 to 5 Vs THE STATE OF TAMILNADU REP.BY THE INSPECTOR OF POLICE, THIRUKURUNGUDU POLICE STATION, TIRUNELVELI DISTRICT.

CR.NO.1/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.K.M.APPAJI Advocate For Respondent : MR.P.KANADASAMY 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 Nos.1 to 5, in Crime No.1 of 2017 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 and 506(i) of IPC and hence, seek anticipatory bail.

2.The learned counsel appearing for the petitioners state that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and the petitioners neither abused not threatened the defacto complainant with dire consequences.

3.The learned Government Advocate(Crl. Side) appearing for the respondent states that totally there are 5 accused in this case, who are the petitioners herein and there is a land dispute between the defacto complainant and the petitioners herein and they have attacked the defacto complainant with stick and caused injury and the injured was also discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the facts and circumstances of the case and also considering the fact that injured was discharged from the hospital, 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, Nanguneri and on each of them 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 daily evening at 05.30 p.m., for a period of three weeks and thereafter as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5.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/- 30/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, AM Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, NAGUNERI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, THIRUKURUNGUDU POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.K.M.APPAJI Advocate SR.No.4952 GJM/MR/VB/SAR-2-31.1.17-2P-6C

ORDER

IN CRL OP(MD) No.397 of 2017 Date :30/01/2017 https://hcservices.ecourts.gov.in/hcservices/