Madras High CourtCRL OP(MD)/7481/2017ordered

Subash 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.7481 of 2017 1 SUBASH 2 CHANDRAKUMAR ... PETITIONERS/ACCUSED NO.2 & 3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE PALAVOOR POLICE STATION, TIRUNELVELI DISTRICT CRIME NO. 110/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.PALANIVELAYUTHAM 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, in Crime No.110 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 294(b) and 506(i) of I.P.C., and Section 4 of TNPHW Act and hence, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State.

3. The case of the prosecution is that the de-facto complainant is the wife of the first accused and the first accused's daughter had a love affair for which the father was supported and mother was not supported and hence, a dispute arose between them and the complaint has been lodged against the petitioners.

4. The learned counsel for the petitioners would submit that the first accused is the father of the second petitioner and he was already arrested and released on bail.

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5. Considering the facts and circumstances of the case, 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, Valliyoor, Tirunelveli District and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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,VALLIYOOR, TIRUNELVELI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, PALAVOOR POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.PALANIVELAYUTHAM Advocate SR.No.24581 AKV CSL/RR-BS/SAR-III/23.06.2017: 2P/6C

ORDER

IN CRL OP(MD) No.7481 of 2017 Date :19/06/2017 https://hcservices.ecourts.gov.in/hcservices/