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Madras High CourtCRL OP(MD)/7453/2017ordered

K.Sakthivel v. The Inspector Of Police

2017-06-19Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7453 of 2017 1 K.SAKTHIVEL 2 A.MURUGESAN ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KALUGUMALAI POLICE STATION THOOTHUKUDI DISTRICT CRIME NO. 53 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.G.THALAIMUTHARASU 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 Accused in Crime No.53 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 147, 148, 294(b), 324, 323 and 506(ii) IPC, hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent. 3.The case of the prosecution is that while travelling in a bike, there was a collusion and because of the same, there was a quarrel between the petitioners and the defacto complainant and hence, the present complaint has been lodged. 4.The learned Counsel appearing for the petitioners submits that this is a case and case in counter. He further submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

5.The learned Additional Public Prosecutor submits that the investigation is going on and the injured in both cases were discharged from the hospital.

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6.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, 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 No.I, Kovilpatti, and on their 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.

7.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 stands dismissed.

sd/- 19/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI. 2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, KALUGUMALAI POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.24611

ORDER

IN CRL OP(MD) No.7453 of 2017 Date :19/06/2017 MKV-CM-SAR 4/20.6.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/