Madras High CourtCRL OP(MD)/6832/2016bail granted

Naga Jothi v. The Sub Inspector Of Police

2016-04-22Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6832 of 2016 1 NAGA JOTHI 2 SELVAM ..PETITIONERS/ACCUSED 1 & 2 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.

CR NO. 240/16.

..RESPONDENT/COMPLAINANT For Petitioner : M/S D.ANBARASU Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 and A2, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 427 and 506(ii) of I.P.C., in Crime No.240 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 persons and they have not committed any offence and a false case has been foisted against them. 3.The learned Government Advocate (Crl.side) submitted that it is a case and case in counter.

4.The learned counsel for the petitioners would submit that the petitioners, without prejudice to the rights and contention are ready and willing to deposit Rs.2,500/- to the Credit of Crime No.240 of 2016 on the file of the learned Judicial Magistrate No.I, Sivagangai. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Sivagangai 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 shall deposit a sum of Rs.2,500/- to the credit of Crime No.240 of 2016 on the file of the learned Judicial Magistrate No.I, Sivagangai and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders, without fail. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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 stands dismissed.

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7.It is made clear that if the petitioners fails to comply with the condition as stipulated above by this Court, the respondent police is directed to move an application for cancellation of bail before this Court immediately.

sd/- 22/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI. 2 -do-thro' THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE SUB INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.

+1. CC to M/S D.ANBARASU Advocate SR.No.22767 ORDER IN CRL OP(MD) No.6832 of 2016 Date :22/04/2016 PBK/NGM-SS/AR-I 26/04/2016 ::2P-6C::

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