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Madras High CourtCRL OP(MD)/8293/2016ordered

Jeyaraman v. State Of Tamilnadu

2016-05-25Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of May Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CRL OP(MD) No.8293 of 2016 1 JEYARAMAN 2 JEYA DEEPAN ... PETITIONER/ACCUSED No.1 TO 3 Vs STATE REP.BY STATE OF TAMILNADU THE INSPECTOR OF POLICE, SINDHUPATI POLICE STATION, MADURAI DISTRICT, CR NO. 103 OF 2016. RESPONDENT/COMPLAINANT For Petitioner : M/S.P.SENGUTTUARASAN Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt.Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A-1 & A-3, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294 (b), 323, 326 and 506(ii) I.P.C., in Crime No.

103 of 2016, on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution is that the de-facto complainant and the petitioners are belonging to same village and with regard to money transaction, a wordy quarrel has arisen between the petitioners and de-facto complainant on 30.04.2016 and the petitioners have scolded the de-facto complainant with filthy language and attacked him with wooden stick.

3.Mr.P.Senguttuarasan, learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the defacto complainant and they have been falsely implicated in this case. It is also submitted that the petitioners are not having any bad antecedents. Under the said circumstances, the petitioners are entitled to get anticipatory bail.

4. Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State submits that in this case, no serious injury is caused to the de-facto complainant and the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumangalam, Madurai District, https://hcservices.ecourts.gov.in/hcservices/

on condition that each of the 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 conditions that: (a) the petitioners shall report before the respondent police daily at 10.30 a.m. For a period of one week and thereafter, they are directed to appear before the respondent police as and when required.

(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) the petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously. (e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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/- 25/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THIRUMANGALAM,MADURAI DISTRICT. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, SINDHUPATI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.P.SENGUTTUARASAN Advocate SR.No.27135

ORDER

IN CRL OP(MD) No.8293 of 2016 Date :25/05/2016 PA/SK/SAR I/27.05.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/