Madras High CourtCRL OP(MD)/772/2017granted

K.Namburajan, v. The Inspector Of Police,

2017-01-31Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.772 of 2017 1 K.NAMBURAJAN 2 N.VENI 3 K.KARTHIGAI SELVAI 4 SETHUNAMBU ... PETITIONERS/ACCUSED NOS.1,24 AND 5 Vs STATE REPRESENTED BY , THE INSPECTOR OF POLICE, DHANUSHKODI POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.2 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.SENTHIL KUMAR Advocate For Respondent : MR.P.KANDASAMY, Govt. 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, 2, 4 and 5, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(B), 323, 324 and 506(ii) of I.P.C. and Section 4 of Women Harassment Act in Crime No.2 of 2017 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that a wordy quarrel arose between the petitioners and the de-facto complainant and the third accused in this case had attacked the de-facto complainant with iron rod and caused simple injuries and the said Karthick Raja is not the petitioner in this case.

3. The learned counsel for the petitioners states that the first petitioner has given a complaint against the de-facto complainant's husband in Crime No.1 of 2017 and at the instigation of her husband, the present complaint has lodged against the petitioners herein.

4. The learned Government Advocate (Crl.side) states that totally there are five accused in this case and the petitioners herein are A1, A2, A4 and A5 respectively and the injured has been discharged from the hospital.

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5. Considering the above facts and circumstances of the case and also the fact that the injured has been 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 their arrest or on their appearance before the learned Judicial Magistrate, Rameswaram and on their 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 the petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of three weeks and thereafter 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 31/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAMESWARAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, DHANUSHKODI POLICE STATION,RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI +1. CC to M/S.R.SENTHIL KUMAR Advocate SR.No.5161 akv CSL/CM/MSA/SAR-III/03.02.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.772 of 2017 Date :31/01/2017 https://hcservices.ecourts.gov.in/hcservices/