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Madras High CourtCRL OP(MD)/8013/2017ordered

Velusamy, v. The Sub Inspector Of Police,

2017-06-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.8013 of 2017 1 VELUSAMY, 2 PANDI (NADUVILAN), S/o.GURUSAMY 3 PANDI (NALLUR), S/o.SANDHANATHAL 4 RAMAR, 5 DINESHKUMAR, ... PETITIONERS / ACCUSED Nos.1 to 5 Vs THE SUB INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT.

(CRIME NO.153 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.KARTHIC RAJAN 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 arrayed as accused Nos.1 to 5 in Crime No.153 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, 341, 324, 294(b) and 506(i) of IPC 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 due to political motive, the petitioners joint together had beaten the defacto complainant and abused him in filthy language and also gave life threat against him.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor appearing for the respondent on instructions submitted that the third petitioner/A3

was already arrested and remanded to judicial custody. He would further submit that the injured was discharged from the hospital. 5.The learned counsel for the petitioner seeks permission of this Court to withdraw this petition in respect of the third petitioner/A3. He has also made an endorsement to that effect. 6.In view of the submission made by both sides, this petition is dismissed as withdrawn in respect of the third petitioner/A3. 7.In respect of the other petitioners/A1, A2, A4 and A5, this Court is inclined to grant anticipatory bail to them, with certain conditions. Accordingly, the petitioners/A1, A2, A4 and A5 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Peraiyur and on each of them 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/A1, A2, A4 and A5 shall appear before the respondent police once in a week i.e. on every Monday at 10.30 a.m., until further orders, for interrogation. The petitioners/A1, A2, A4 and A5 shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6.The petitioners/A1, A2, A4 and A5 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/- 28/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PERAIYUR 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE SUB INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.KARTHIC RAJAN Advocate SR.No.25218 sm:PM-PN:SAR 1:30.6.2017:2P/6C

ORDER

IN CRL OP(MD) No.8013 of 2017 Date :28/06/2017 https://hcservices.ecourts.gov.in/hcservices/