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Madras High CourtCRL OP(MD)/7976/2018ordered

K.Tamil v. The Inspector Of Police,

2018-05-16Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.7976 of 2018 1 K.TAMIL 2 I.SILVESTER 3 E.LAWRENCE 4 L.GUDWIN 5 L.GODWIN 6 S.SKUBIN 7 A.GOLDWIN 8 J.PRAVEEN @ SAHAYA PRAVIN 9 S.JOSEPH 10 J.PUTHTHIMAAN @ GEORGE 11 S.RAYAPPAN 12 J.ABISHEK 13 M.ANANTH @ ANANTH RAJ 14 A.ALBIN @ ALBIN VINOTH 15 J.KARADI(SEBASTHIYAN) @ ANTHONY PRASATH ... PETITIONERS/ACCUSED Nos.1 to 15 Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.118 OF 2018) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.I.PINAYGASH, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 452, 324, 294(b), 506(ii) IPC and Section 4 of Tamil Nadu

Prohibition of Women Harassment Act, 2002 and Section 3(1) of TNPPDL Act, 1992 in Crime No.118 of 2018, seek anticipatory bail. 2.The case of the prosecution is that on 10.05.2018, the accused persons wrongfully entered into the house of the defacto complainant and abused, attacked the defacto complainant, due to which, the defacto complainant sustained injuries and was hospitalized and hence the complaint came to be registered. 3.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. 4.Learned Government Advocate submitted that the defacto complaint has been discharged from hospital.

5.Considering the facts and circumstances of the case and taking note of the fact that the injured was discharged from hospital, this Court is inclined to grant the relief of anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Magistrate concerned within a period of 10 days from the date of receipt of a copy of this order, on executing a separate 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 Judicial Magistrate No.1, Kanyakumari, or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m for two weeks and thereafter, as and when required for interrogation.

sd/- 16/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, KANYAKUMARI DISTRICT.

2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.I.PINAYGASH Advocate SR.No.8583

ORDER

IN CRL OP(MD) No.7976 of 2018 Date :16/05/2018 PK/RR/VK/18.05.2018 : 2P/6C