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Madras High CourtCRL OP(MD)/18107/2016ordered

Kannan v. The Inspector Of Police,

2016-09-22Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18107 of 2016 1 KANNAN 2 SARAVANAN 3 RATHINA KUMAR ..PETITIONERS/ACCUSED 2 TO 4 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT (CRIME NO.270 OF 2016) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.R.DURAIRAJ Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused Nos.2 to 4, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b), 323, 506(ii) and 447 of IPC and Section 4 of TNPWH Act and Section 3 of TNPPDL Act, in Crime No.270 of 2016 on the file of the respondent police.

2. The case of the prosecution is that the petitioners along with other accused abused the defacto complainant with filthy language and threatened him with dire consequences.

3. Learned Government Advocate (Crl. Side) submits that it is the case of case and counter and the injured has been discharged from the hospital.

4. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Srivaikundam, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction;

(ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact https://hcservices.ecourts.gov.in/hcservices/

of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) petitioners shall make themselves available for interrogation by the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.

sd/- 22/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.

+1. CC to M/S.M.S.JEYAKARTHIK, Advocate SR.No.54782 ORDER IN CRL OP(MD) No.18107 of 2016 Date :22/09/2016 PBK/AAL-MPA/SAR-I 26/09/2016 ::2P-6C:

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