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Madras High CourtCRL OP(MD)/8724/2018ordered

Elumalai v. The Inspector Of Police

2018-05-23Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

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.8724 of 2018 1 ELUMALAI 2 KRISHNAN ... PETITIONERS/ ACCUSED NOS.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.58 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: M/S.A.MOHAN 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 294(b), 323, 506(ii) IPC r/w Section 3 of Tamil Nadu Public Property (Prevention of Damages & Loss) Act, 1992 and Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.58 of 2018 and seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioners are said to have attacked the defacto complainant with hands and abused in filthy language and also damaged the household articles.

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.The learned Government Advocate (Crl.side) submitted that investigation is still pending.

5.Considering the facts and circumstances of the case, this Court is inclined to grant the relief of anticipatory bail to the petitioners. 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 https://hcservices.ecourts.gov.in/hcservices/

date of receipt of a copy of this order, on their executing a separate 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 No.II, Sivagangai, 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 concerned Judicial Magistrate Court daily 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 NO.II, SIVAGANGAI.

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

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

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

+1. CC to M/S.A.MOHAN Advocate SR.No.9132

ORDER

IN CRL OP(MD) No.8724 of 2018 Date :23/05/2018 MS/DD/RNB/24.05.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/