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Madras High CourtCRL OP(MD)/5147/2017ordered

Dineshkumar, v. The Inspector Of Police,

2017-04-26Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5147 of 2017 1 DINESHKUMAR, 2 JOTHI, 3 KARPAGAM, ... PETITIONERS / ACCUSED NO:1,3,4 Vs THE STATE REP BY THE INSPECTOR OF POLICE, THIRUSULI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.119 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.ANANDAN Advocate For Respondent : M/S.S.PRABHA, Government Advocate(Criminal Side), PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1, A-3 and A-4, in Crime No.119 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 294(b), 323, 354, 427, 506(i) of I.P.C r/w Section 4 of Harassment of Women Act and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State.

3. The learned Government Advocate(Crl. Side) on instructions submitted that this is a case of family dispute and in which, wordy quarrel arose between the parties and the petitioners are said to have abused the defacto complainant. She further submitted that noone sustained injury in the alleged occurrence.

4. Considering the facts and circumstances of the case and also considering the fact that no-one sustained injury in the alleged occurrence, 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, Aruppukkottai and https://hcservices.ecourts.gov.in/hcservices/

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 first petitioner shall appear before the respondent police once in a week ie., on every Monday at 10.30 a.m., until further orders and the second and third petitioners shall appear before the respondent police 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/- 26/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, THIRUSULI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.B.ANANDAN Advocate SR.No.21332

ORDER

IN CRL OP(MD) No.5147 of 2017 Date :26/04/2017 SVA/CM/MSA/28.04.2017/SAR3/2P/6C https://hcservices.ecourts.gov.in/hcservices/