Ramaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19882 of 2016 1 RAMAIAH 2 VELLAIKANNU 3 VIJAYA 4 ALAGI ... PETITIONERS/ACCUSED NOS.1 TO 4 Vs STATE REP BY THE INSPECTOR OF POLICE SIVAGANGAI TALUK POLICE STATION,SIVAGANGAI DISTRICT, (IN CRIME NO.304 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ILAYARAJA Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b), 323, 355, 506(i) IPC and Section 4 of Tamil Nadu Women Harassment Act in Crime No.304 of 2016 on the file of the respondent police.

2.The case of the prosecution is that due to pathway dispute, the petitioners attacked the de facto complainant and abused her in filthy language.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.Learned Government Advocate (Crl. Side) submits that injured person has already been discharged from the hospital. He would further submit that no previous case is pending against the petitioner.

5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

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(b) In the event of appearance before the learned Judicial Magistrate No.II, Sivagangai District, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)the 1st petitioner shall report before the respondent police daily at 10.30 a.m. until further orders and the petitioners 2 to 4 shall report before the respondent police as and when required.

sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II SIVAGANGAI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4.THE INSPECTOR OF POLICE SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI DISTRICT, +1. CC to M/S.R.ILAYARAJA Advocate SR.No.60818 RL/6C/2P/SK/SKN/SAR2/20.10.2016

ORDER

IN CRL OP(MD) No.19882 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/