Madras High CourtCRL OP(MD)/14295/2018ordered

Ramasamy v. The Inspector Of Police

2018-09-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14295 of 2018 1 RAMASAMY 2 RAMAR 3 SOUNDARAM 4 RAJAKANI 5 LAKSHMI 6 RAJESHWARI 7 LAKHSMANAN ... PETITIONERS / ACCUSED NOS.1 TO 7 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SIKKAL POLICE STATION, SIKKAL, RAMANATHAPURAM DISTRICT, CRIME NO.66 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.D.SENTHIL Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 336 and 506(ii) I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.66 of 2018, seek anticipatory bail.

2.The case of the prosecution is that on 05.07.2018, due to pathway dispute, the petitioners assaulted the defacto complainant with deadly weapons. Thereby, the defacto complainant sustained injuries. Hence, the case has been registered. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. They have been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor submitted that the injured is still taking treatment in the hospital. Hence, he

vehemently opposed to grant the anticipatory bail to the petitioners.

5.Taking note of the facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioners 1, 2, 3 and

7. Hence, the learned counsel for the petitioners seeks permission to withdraw the case and he has also made an endorsement to that effect. Accordingly, this Criminal Original Petition is dismissed as withdrawn as far as the petitioners 1, 2, 3 and 7 are concerned.

6. This Court is inclined to grant anticipatory bail to the petitioners 4, 5 and 6 with certain conditions. Accordingly, the petitioners 4, 5 and 6 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Muthukulathur 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 4, 5 and 6 shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioners 4, 5 and 6 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners 4, 5 and 6 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/- 04/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MUTHUKULATHUR.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE SIKKAL POLICE STATION, SIKKAL, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.SENTHIL Advocate SR.No.16829

ORDER

IN CRL OP(MD) No.14295 of 2018 Date :04/09/2018 MV:RR:SAR2:07/09/18/2P/6C https://hcservices.ecourts.gov.in/hcservices/