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Madras High CourtCRL OP(MD)/9553/2018granted

Chinnathambi v. The Inspector Of Police

2018-06-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9553 of 2018

1. CHINNATHAMBI

2. VELLATHAI ... PETITIONERS / ACCUSED NOS. 3&4 Vs State Represented By, THE INSPECTOR OF POLICE CHOKKAMPATTI POLICE STATION, TIRUNELVELI DISTRICT CRIME NO. 124/2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.K.PRABHU Advocate For Respondent : MR.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent Police for the offences under Sections 294 (b), 324, 307, 506 (ii) of I.P.C. and Section 4 of TNPWH Act in Crime No.124 of 2018. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

3.One Rajeswari was grievously injured by the first accused Sivakumar over a property dispute. The petitioners herein are shown as Accused Nos.3 and 4 in the First Information Report. They were not present in the scene of the occurrence. Even the First Information Report reads that they have instigated the main accused in the offence. This Court is of the view that the de facto complainant had falsely implicated the present petitioners. 4.In any event their custodial interrogation is not required in this case. Hence, 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, Tenkasi and on their executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.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 shall stand dismissed.

sd/- 13/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE TENKASI

2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI

3. THE INSPECTOR OF POLICE CHOKKAMPATTI POLICE STATION, TIRUNELVEI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.9553 of 2018 Date :13/06/2018 tsg MK/JC/VK/20.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/