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Madras High CourtCRL OP(MD)/6548/2017ordered

Mariappan, v. The Inspector Of Police,

2017-06-06Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6548 of 2017 1 MARIAPPAN 2 BABY @ TAMILSELVI ... PETITIONERS/ACCUSED NO.1 & 2 Vs STATE REP.BY, THE INSPECTOR OF POLICE, PALANI TOWN POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.198/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.DHANDAPANI Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 & A2 in Crime No.198 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 294(b), 323 and 506(i) IPC and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioners submitted that due to family dispute, the petitioners are alleged to have abused the defacto complainant in filthy language and also attacked her. The defacto complainant is the mother of the first petitioner. Due to family dispute, the present false complaint has been lodged by the defacto complainant. The petitioners are innocent. They have not committed any offence as alleged in the complaint. They have been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that the injured has been discharged from the hospital and that the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

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, Palani and on each executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent Police 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 shall stand dismissed.

sd/- 06/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PALANI, DINDIGUL DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE, PALANI TOWN POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.DHANDAPANI Advocate SR.No.23306 GCG CSL/BS/SAR-I/07.06.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.6548 of 2017 Date :06/06/2017 https://hcservices.ecourts.gov.in/hcservices/