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Madras High CourtCRL OP(MD)/9310/2016granted

Thiraviam v. The Inspector Of Police

2016-06-22Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9310 of 2016 THIRAVIAM ... PETITIONER/ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE, SILAMAN POLICE STATION, MADURAI DISTRICT, CRIME NO NOT KNOWN OF 2016. RESPONDENT/COMPLAINANT For Petitioner : M/S R.SEVUGARAJA, Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 307 I.P.C. and Section 4 of Women Harassment Act, in Crime No.

Not known of 2016 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and de facto complainant are husband and wife and due to misunderstanding between them, on 12.06.2016, at about 11.00 p.m., the petitioner abused her in filthy language and attacked her with an iron road with an intention to kill her. On complaint, case has been registered for the above said offences.

3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

4.It is submitted by the learned Government Advocate (Crl.Side) that the injured person had already been discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the https://hcservices.ecourts.gov.in/hcservices/

event of arrest or on his appearance before the learned Judicial Magistrate No.II, Madurai and on his 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 petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6.The petitioner 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.

sd/- 22/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE,SILAMAN POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.SEVUGARAJA Advocate SR.No.32098 SMN CSL/PEK/SAR-III/23.06.2016 : 2P/6C

ORDER

IN CRL OP(MD) No.9310 of 2016 Date :22/06/2016 https://hcservices.ecourts.gov.in/hcservices/