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Madras High CourtCRL OP(MD)/6073/2017ordered

Amutha v. The Sub Inspector Of Police,

2017-05-17Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.6073 of 2017 1 AMUTHA 2 KARTHIKRAJA 3 VIJAY, 4 RAJKUMAR, 5 AMJATHKHAN 6 SELVAKANNAN, 7 HARI, 8 ABISHEAK ... PETITIONERS/ ACCUSED NO.1,3,4,6,7,9,10,12 Vs STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOODALPUDUR POLICE STATION, MADURAI DISTRICT.

(CRIME NO. 477 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ALAGUMANI Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners / accused, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 147, 294(b), 323 and 506 (ii) of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act in Crime No.477 of 2017 on the file of the respondent Police, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent Police. 3.The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they are innocent and they have been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) that the petitioners have three previous cases and in the present case, the injured sustained only simple injuries.

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5.Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by the petitioners, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate Mahila Court, Madurai, on condition that the petitioners shall execute 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 respondent Police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a]the petitioners shall report before the respondent Police Station daily twice ie., at 10.30 a.m. and at 05:00 p.m., for a period of fifteen days.

[b]the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c]the petitioners shall not abscond either during investigation or trial.

[d]on breach of any of the aforesaid conditions, the learned Magistrate / Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate / Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala (2005 AIR SCW 5560). sd/- 17/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SMN/MR TO 1 THE JUDICIAL MAGISTRATE, MAHILA COURT, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE SUB INSPECTOR OF POLICE, KOODALPUDUR POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.ALAGUMANI Advocate SR.No.22154 GJM/PN/SAR-3-18.5.17-2P-6C

ORDER

IN CRL OP(MD) No.6073 of 2017 Date :17/05/2017 https://hcservices.ecourts.gov.in/hcservices/