S. Motcaham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.8675 of 2018 1 S.MOTCAHAM 2 A.AROCKIASELVI ... PETITIONERS/ ACCUSED 2 & 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, SALAIGRAMAM POLICE STATION, SIVAGANGAI DISTRICT.

IN CRIME NO.34 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: M/S.V.PANNEERSELVAM, Advocate For Respondent : M/S.M.ANANTHA DEVI, Government Advocate(crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are apprehending arrest at the hands of the respondent police for the alleged offences under Sections 341, 294 (b), 323, 506(i) IPC and Section 4 of TNPWH Act in Crime No. 34 of 2018 and seek anticipatory bail.

2.The case of the prosecution is that there was a previous enmity between the petitioners and the defacto complainant. The petitioners were way laid the defacto complainant and abused her with filthy language and assaulted her when she was returning home after grazing her goats.

3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. 4.Learned Government Advocate (Criminal Side) submitted that the petitioners are said to have attacked the defacto complainant and caused injury. She further submitted that injured has been discharged from the hospital.

4.Considering the facts and circumstances of the case and taking note of the fact that injured has been discharged from the hospital, this Court is inclined to grant the relief of anticipatory bail to the petitioners.

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5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Magistrate concerned within a period of 10 days from the date of receipt of a copy of this order, on each of them 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 Judicial Magistrate, Ilaiyangudi, or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioners shall appear before the learned Judicial Magistrate, Ilaiyangudi, weekly once at 10.30 a.m until further orders.

sd/- 23/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ILAIYANGUDI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, SALAIGRAMAM POLICE STATION, SIVAGANGAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.PANNEERSELVAM Advocate SR.No.9123

ORDER

IN CRL OP(MD) No.8675 of 2018 Date :23/05/2018 SDS/PMI/GSR/24.05.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/