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Madras High CourtCRL OP(MD)/19912/2016ordered

Ramar v. The Inspector Of Police

2016-10-14Honourable Mr Justice K. Kalyanasundaram2 pages

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.19912 of 2016 1 RAMAR 2 MUTHULAKSHMI ... PETITIONERS/ACCUSED NO.1 & 2 Vs STATE REP.BY , THE INSPECTOR OF POLICE MALLANGINARU POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.141/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.POORNA CHANDRAN 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 :- 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, 324 IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.141 of 2016 on the file of the respondent police.

2.The case of the prosecution is that due to family dispute between the petitioners and the de facto complainant, the petitioners beaten the de facto complainant.

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 and no previous case is pending against the petitioners.

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;

(b) In the event of appearance before the learned Judicial Magistrate No.I, Virudhunagar, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them https://hcservices.ecourts.gov.in/hcservices/

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 petitioners shall report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required and the 2nd petitioner 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.I,VIRUDHUNAGAR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE MALLANGINARU POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.POORNA CHANDRAN Advocate SR.No.60828 NBJ CSL/DB/SAR-III/20.10.2016: 2P/6C

ORDER

IN CRL OP(MD) No.19912 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/