Madras High CourtCRL OP(MD)/6623/2016bail in part

Dinesh, S/O.Gopal, v. The Inspector Of Police,

2016-04-20Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6623 of 2016 1 DINESH 2 GOPAL 3 NIVETHA 4 JAYANTHI ... PETITIONERS / ACCUSED No.1 to 4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.

CR.NO.109 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.ROBINSON Advocate For Respondent : MR.C.MAYIL VAHANA RAJENDRAN,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 A1 to A4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i) of I.P.C., in Crime No.109 of 2016 on the file of the respondent police hence, seek anticipatory bail. 2.It is submitted by the learned counsel for the petitioners that the petitioners are innocent and they have not committed any offence and a false case has been foisted against them.

3.Heard the learned Additional Public Prosecutor appearing for the State.

4.As far as the third petitioner/A3 is concerned, the learned counsel for the petitioners seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect. In view of the endorsement made by the learned counsel for the petitioners, this petition is dismissed in respect of the third petitioner/A3. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner Nos.1,2 and 4 with certain conditions.

6. Accordingly, the petitioner Nos.1, 2 and 4 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Karaikudi, Sivagangai District and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand https://hcservices.ecourts.gov.in/hcservices/

only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned on further condition the petitioner Nos.1, 2 and 4 shall appear before the respondent police daily at 10.30 a.m., until further orders, without fail. The petitioner Nos.1, 2 and 4 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner Nos.1, 2 and 4 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.

8.It is made clear that the petitioner Nos.1, 2 and 4 fails to comply with the condition as stipulated above by this Court, the respondent police is directed to move an application for cancellation of anticipatory bail before this Court.

sd/- 20/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI, SIVAGANGAI DISTRICT.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.

+1. CC to M/S A.ROBINSON Advocate SR.No.22006.

ORDER

IN CRL OP(MD) No.6623 of 2016 Date :20/04/2016 AM/SK.SKN/AR-I/26.04.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/