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Madras High CourtCRL OP(MD)/18240/2016ordered

Sasikmar v. The Inspector Of Polie,

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.18240 of 2016 1 SASIKMAR 2 SARATHKUMAR ... PETITIONERS/ACCUSED No.1 & 2 Vs STATE THROUGH BY THE INSPECTOR OF POLIE, EMANESWARAM POLICE STATION, CR NO. 147 OF 2016, RAMANATHAPURAM DISTRICT. ... RESPONDENT/COMPLAINANT FOR PETITIONERS : M/S.M.SUBASH BABU, 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.1 & 2, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC in Crime No.147 of 2016 on the file of the respondent police.

2.The case of the prosecution is that during Immanuvel Guru Pooja, the petitioners quarrelled with the defacto complainant for fixing flex board.

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 and no previous case is pending against the petitioners.

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; https://hcservices.ecourts.gov.in/hcservices/

(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, 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 POLIE, EAMANESWARAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.M.SUBASH BABU Advocate SR.No. 55322

ORDER

IN CRL OP(MD) No.18240 of 2016 Date :23/09/2016 PS TE/PV/AR-I : 27/09/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/