Madras High CourtCRL OP(MD)/18933/2016allowed

Arun v. The Inspector Of Police

2016-09-30Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.18933 of 2016 1 ARUN 2 SELVAM ALIAS SABARI MANIMUTHU ... PETITIONERS/ACCUSED Nos.1&3 Vs STATE REP. BY THE INSPECTOR OF POLICE ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT, CR NO. 114 OF 2016.

... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.M.SANJAY Advocate For Respondent : Mr.P.KANDASAMY, 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 as A1 and A3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, *506(ii) IPC, and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.114 of 2016, on the file of the respondent police, seek anticipatory bail.

2. The Case of the prosecution is that the petitioners abused the defacto complainant and also threatened her with dire consequences, due to a family dispute.

3. The learned counsel for the petitioners submitted that the petitioners and the defacto complainant are reletives and the petitioners are innocent person and they did not commit any offence as alleged by the prosecution.

4. The learned Government Advocate (Criminal Side) submitted that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged, I am inclined to grant anticipatory bail to the petitioners with the https://hcservices.ecourts.gov.in/hcservices/

following condition. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Devakottai, within a period of 10 days from the date on which the order copy made ready, and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the Trial Court once in a week until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

sd/- 30/09/2016 / TRUE COPY / *Amended as per order of this Hon'ble Court made in Crl.MP.(MD).No.10754/16 in Crl.OP.(MD).NO.18933/16 dated:7.11.16 by SVNJ Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO TO BE SUBSTITUTED ORDER ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.M.SANJAY Advocate SR.No.66594

ORDER

IN CRL OP(MD) No.18933 of 2016 Date :30/09/2016 jikr SH/CK/SAR-III:05.10.2016:2P/6C sm:CK:SAR 1:11/11/2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/