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Madras High CourtCRL OP(MD)/12549/2018granted

Subbaiah v. The Inspector Of Police

2018-07-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12549 of 2018 1 SUBBAIAH 2 MURUGESHWARI 3 BALAMURUGAN ... PETITIONERS / ACCUSED 2,3,5 Vs STATE REP.BY THE INSPECTOR OF POLICE, APPAYANAICKKANPATTY POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.68/2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.S.BALAJI Advocate For Respondent : Mr.A.ROBINSON, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Section 294(b), 323 and 506 (ii) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No. 68 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) for the respondent. 3.This Court went through the contents of the F.I.R.. It is seen that the first petitioner is said to have hit the victim on his head. Considering the fact that the victim is still in hospital, taking into account the overt act attributed against him, this petition is dismissed as far as the first petitioner is concerned. 4.Taking note of the above said facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions. Accordingly, the petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Sattur, Virudhunagar District, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each with two sureties for a like sum to the satisfaction of the learned Magistrate https://hcservices.ecourts.gov.in/hcservices/

concerned and on further condition that the petitioners 2 and 3 shall appear before the respondent police as and when required for interrogation. The petitioners 2 and 3 shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 5.The petitioners 2 and 3 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 shall stand dismissed.

sd/- 23/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, SATTUR, VIRUDHUNAGAR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE INSPECTOR OF POLICE, APPAYANAICKKANPATTY POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to Mr.S.BALAJI Advocate SR.No.13827

ORDER

IN CRL OP(MD) No.12549 of 2018 Date :23/07/2018 TK/MMS/SAR-1/30.07.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/