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Madras High CourtCRL OP(MD)/9360/2016allowed

Elaya Perumal v. The Sub Inspector Of Police

2016-06-15Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9360 of 2016 1 ELAYA PERUMAL 2 P.VIJAYAN 3 N.RAMASWAMY 4 MATHIAZHAGAN ...PETITIONERS/ACCUSED Nos.1 to 4 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE ANJUGRAMAM POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO. 293 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S C.CHRISTOPHER Advocate For Respondent : MR.K.ANBARASAN, Govt. 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 accused Nos.1 to 4, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b),324 and 506(ii) of IPC, in Crime No.293 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity the petitioners attacked the defacto complainant and threatened him with dire consequences.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that the injured person had already been discharged from the hospital. He further submitted that A1 and A3 are having previous cases. 5.Considering the facts and circumstances of the case and also considering the fact that the injured persons had already been discharged from the hospital, 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 Magistrate No.III, Nagercoil and https://hcservices.ecourts.gov.in/hcservices/

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 stay at Trichy and report before the Cantonment Police Station police daily at 10.00 a.m., until further orders. 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.

sd/- 15/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III NAGERCOIL.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT.

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

4 THE SUB INSPECTOR OF POLICE ANJUGRAMAM POLICE STATION, KANYAKUMARI DISTRICT.

5 THE INSPECOR OF POLICE CANTONMENT POLICE STATION, TIRUCHIRAPPALLI.

+1. CC to M/S C.CHRISTOPHER Advocate SR.No.30446.

ORDER

IN CRL OP(MD) No.9360 of 2016 Date :15/06/2016 AM/AAL.MPA/SAR-I/17.06.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/