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Madras High CourtCRL OP(MD)/18214/2016ordered

Boomi v. The Inspector Of Police,

2016-09-23Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18214 of 2016 1 BOOMI 2 MUKESH KUMAR ... PETITIONER/1st & 2nd ACCUSED Vs THE STATE REP BY ITS THE INSPECTOR OF POLICE, NAINAR KOVIL POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME NO.152 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. 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.1 & 2, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 341, 294(b), 324 and 506(ii) IPC in Crime No.

152 of 2016 on the file of the respondent police. 2.The case of the prosecution is that during temple festival, the petitioners along with other accused attacked the defacto complainant and threatened him with dire consequences. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.Learned Government Advocate (Crl. Side) submits that injured person has already been discharged from the hospital. 5.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;

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(b) In the event of appearance before the learned Judicial Magistrate, Paramakudi, 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 of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (iii) petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required.

sd/- 23/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, NAINAR KOVIL POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.55102

ORDER

IN CRL OP(MD) No.18214 of 2016 Date :23/09/2016 SMA/DB/SAR-I/27/09/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/