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Madras High CourtCRL OP(MD)/8851/2018partly allowed

R.Murugesan v. The Inspector Of Police

2018-06-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8851 of 2018 1 R.MURUGESAN 2 PERUMAL ... PETITIONERS/ACCUSED A1 & A2 Vs STATE BY THE INSPECTOR OF POLICE, VADAKADU POLICE STATION, PUDUKKOTTAI DISTRICT.

CRIME NO. 46 OF 2018 ... RESPONDENT/COMPLAINANT FOR PETITIONERS : M/S.D.R.MURUGESAN, ADVOCATE FOR RESPONDENT : Mr.A.ROBINSON, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 and 2, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 506(ii) IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.46 of 2018, on the file of the respondent police, seek anticipatory bail.

2.The first petitioner had hit the defacto complainant with iron rod on the head of the defacto complainant and caused injury. The defacto complainant is still in hospital. 3.The learned Government Advocate (Crl.side) appearing for the State would submit that the injured has not been discharged from the hospital.

4.Taking into account the specific overt act attributed against the first petitioner, this Court is not inclined to grant anticipatory bail to the first petitioner, while granting anticipatory bail to the second petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/

Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District, and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the second petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of one week and thereafter as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The second petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 08/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT.

2. THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, VADAKADU POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+ 1 CC TO Mr.D.R.MURUGESAN, ADVOCATE IN SR No. 9925

ORDER

IN CRL OP(MD) No.8851 of 2018 Date :08/06/2018 TA TE/CM-VR/RNB : 14/06/2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/