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Madras High CourtCRL OP(MD)/22954/2016granted

Selvarani, v. The Inspector Of Police,

2016-12-05Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.22954 of 2016 1 SELVARANI, 2 SELVARANI, 3 MARIAMMAL, 4 PANDIMUTHUVEL, 5 VELLAIAMMAL, 6 ANNAKIL, 7 AATHIPARASAKTHI, 8 MAREESWARI, 9 RASATHI, 10 SELVAMANI, 11 MADASAMY, ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs STATE, REP.BY THE INSPECTOR OF POLICE, IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CR.NO.156/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.RAMESHKUMAR Advocate For Respondent : MR.P.KANDASANY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 143, 188 and 353 of the Indian Penal Code, in Crime No.156 of 2016 on the file of the respondent police, seek anticipatory bail.

2. Counsel for the petitioners is present and the learned Government Advocate (Criminal side) appearing for the State is also present. Heard both sides.

3. The learned Government Advocate (Criminal side) states that A-1 and A-18 are in custody. A-2 to A-11 were already granted anticipatory bail by this Court as per order dated 01.12.2016, in Crl.O.P.(MD)No.22766 of 2016.

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4. Considering the facts and circumstances of the case and also the fact that the co-accused were already released on anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Sattur, on condition that each of the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the Court concerned daily at 10:30 a.m., for a period of fifteen days and thereafter, as and when required by the respondent police for interrogation. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 05/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE, IRUKKANKUDI VILLAGE, SATTUR TALUK, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.RAMESHKUMAR Advocate SR.No.79638 GJM/SS2/SAR-I-8.12.16-2P-6C

ORDER

IN CRL OP(MD) No.22954 of 2016 Date :05/12/2016 https://hcservices.ecourts.gov.in/hcservices/