Madras High CourtCRL OP(MD)/7731/2018ordered

Thanga Esakki v. The Inspector Of Police

2018-05-30Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.7731 of 2018 1 THANGA ESAKKI 2 ARUN JEBERSON ... PETITIONERS/ACCUSED NO.1 & 2 Vs STATE : REPRESENTED BY ITS, THE INSPECTOR OF POLICE SATTANKULAM POLICE STATION, THOOTHUKUDI DISTRICT.

CR.NO.97 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.T.A.EBENEZER Advocate For Respondent : M/S.M.ANANTHA DEVI, Government 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 A1 & A2 apprehending arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 324, 307 and 506(ii) of IPC, in Crime No.97 of 2018 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel, the first petitioner attacked the defacto complainant's husband with aruval and caused injuries to him in fingers and two unnamed others also presented the spot.

3. The learned counsel for the petitioners submitted that the petitioners never involved in such occurrence and that the petitioners are innocent persons and that they have not committed any offences as alleged by the respondent police. 4.Heard the learned Government Advocate (Criminal side) appearing for the respondent and he has submitted that the injured discharged from the hospital.

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5. Considering the facts and circumstances of the case and also considering the nature of the allegation made against the

petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sattankulam and on each of them executing a bond 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 petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders. 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/- 30/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SATTANKULAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE, SATTANKULAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.T.A.EBENEZER Advocate SR.No.9283 KSA/MR GJM/CM/GSR/12.6.18-2P-6C

ORDER

IN CRL OP(MD) No.7731 of 2018 Date :30/05/2018 https://hcservices.ecourts.gov.in/hcservices/