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Madras High CourtCRL OP(MD)/12793/2018partly allowed

Karuppaiah v. The Inspector Of Police

2018-07-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12793 of 2018 1 KARUPPAIAH 2 THANGAMANI 3 MURUGESAN ... PETITIONER/ACCUSED No.1 to 3 Vs STATE THROUGH, THE INSPECTOR OF POLICE R.S.MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.103 of 2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.R.ALAGUMANI, 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/Accused No.1 to 3 apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of I.P.C. in Crime No.103 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.In this case the first petitioner Karuppaiah had hit the defacto complainant with aruval on his head. Taking note of the serious allegation made against the first petitioner this petition is dismissed with regard to the first petitioner. However, the allegations made against the second and third petitioners are not that serious.

4.Therefore, taking into account of these 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, https://hcservices.ecourts.gov.in/hcservices/

Thiruvadanai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate 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.

6.This criminal original petition is dismissed with regard to the first petitioner.

sd/- 25/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM 3 THE INSPECTOR OF POLICE R.S.MANGALAM POLICE STATION, RAMANATHAPURAM 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.R.ALAGUMANI, Advocate SR.No.14001

ORDER

IN CRL OP(MD) No.12793 of 2018 Date :25/07/2018 PK/RR/SAR-2/31.07.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/