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Madras High CourtCRL OP(MD)/5899/2017ordered

Balakrishnan, v.

2017-06-01Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5899 of 2017 1 BALAKRISHNAN, 2 ANANDAMMAL, 3 ANANDAMMAL, 4 ANANDAKUMAR, 5 SOLAIAMMAL, 6 DEVI, 7 AJITH KUMAR, 8 ESWARI, ... PETITIONERS/ ACCUSED NOS.1TO 8 Vs STATE REP.BY THE INSPECTOR OF POLICE, VACHAKARAPATTI POLICE STATION, VIRUDHUNAGA DISTRICT.

CRIME NO.210 OF 2017 ... RESPONDENT / COMPLAINANT INDHRA ...PETITIONER/INTERVENER For Petitioner : M/S.G.MARIMUTHU Advocate For Respondent : NR.A.RAMAR Additional Public Prosecutor For Intervener : MR.S.RAMASAMY Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 8 in Crime No.210 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 147, 148, 294(b), and 307 of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners; the learned Additional Public Prosecutor for the respondent/State and the learned counsel for the intervenor.

3.The case of the prosecution is that the petitioners and the defacto complainant are having coconut shops before the

temple and due to rivalry, there was a quarrel between them. Hence, the present complaint.

4.It is represented by the learned counsel for the petitioners that this is a case of case and counter and both the cases were registered and that since the present petitioners are also appearing before the same police station, there may be some quarrel and that he prayed that the petitioners may be allowed to appear before Virudhunagar West Police Station.

5.Considering the facts and circumstances of the case, 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 No.I, Virudhunagar and on their executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 1, 2, 4 and 7 shall appear before the Virudhunagar West Police Station daily at 10.30 a.m, until further orders, for interrogation. The other petitioners shall appear before the Virudhunagar West Police Station as and when required, for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 01/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RJ2 TO 1 THE JUDICIAL MAGISTATE NO.1,VIRUDHUNAGAR 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE VACHAKARAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT 5 THE INSPECTOR OF POLICE, VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR +1. CC to M/S.G.MARIMUTHU Advocate SR.No.22986 +1cc to MR.S.RAMASAMY Advocate in SR.No.23007 GJM/BS/SAR-I-5.6.17-3P-8C

ORDER

IN CRL OP(MD) No.5899 of 2017 Date :01/06/2017