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Madras High CourtCRL OP(MD)/10397/2018granted

Eswaran v. The Inspector Of Police

2018-06-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10397 of 2018 1 ESWARAN 2 SAGUNTHALA @ SAGUNTHALADEVI ... PETITIONERS/ ACCUSED NO.2 & 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, THONDI POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.79 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: MR.K.BALASUBRAMANI, Advocate For Respondent : Mr.A.ROBINSON, Government 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), 323, 324, 506 (ii) of I.P.C. r/w Section 4 of the Prohibition of Harassment of Women Act, 2002 in Crime No.79 of 2018. They are figuring as Accused Nos.2 and 3.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

3.In this case, the de facto complainant suffered fracture in the hip and she is still in hospital. She would definitely require medical expenses. The petitioners are directed to deposit a sum of Rs.5,000/- to the credit of Crime No.79 of 2018 before the concerned jurisdictional Magistrate. The de facto complainant is entitled to withdraw the said amount. The respondent Police is directed to inform the de facto complainant about this.

4.Taking note of 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 Court, Thiruvadanai and on their https://hcservices.ecourts.gov.in/hcservices/

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 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/- 26/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUVADANAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, THONDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to MR.K.BALASUBRAMANI Advocate SR.No.11326

ORDER

IN CRL OP(MD) No.10397 of 2018 Date :26/06/2018 MS/PN/RNB/28.06.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/