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Madras High CourtCRL OP(MD)/15858/2018ordered

V. Gopinath, S/O.Vellaichamy v. The Inspector Of Police,

2018-09-05Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of September Two Thousand Eighteen PRESENT THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD) No.15858 of 2018 1 V. GOPINATH, 2 K. VELLAICHAMY, 3 G. RENUGA DEVI, 4 S. BANUMATHI, ... 1 TO 4 PETITIONERS/ACCUSED NO.1 TO 4 Vs THE STATE REP BY THE INSPECTOR OF POLICE, THEVARAM POLICE STATION, THENI DISTRICT.

CRIME NO.267 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MANICKAM Advocate For Respondent : MRS.ANANTHA DEVI, Govt. 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 offences punishable under Sections 294(b), 324 and 355 of I.P.C., in Crime No.267 of 2018, seek anticipatory bail. 2.The case of the prosecution is that on 27.08.2018, the defacto complainant entered in to his land for renovation, at that time some were removing the Electric Motors from the erected place, due to previous enmity. The same was questioned by the defacto complainant, there was a quarrel arose between them. Due to which, the petitioners assaulted the defacto complainant with stone and sticks. In the result, the defacto complainant sustained injury. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are an innocent and they have not committed any

offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the injured has been discharged from the hospital.

5.Considering the facts and circumstances of the case, 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, Bodinayakkanur 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 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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 shall stand dismissed.

sd/- 05/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGAISTRATE , BODINAYAKKANUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE INSPECTOR OF POLICE, THEVARAM POLICE STATION, THENI

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

+1. CC to M/S.R.MANICKAM Advocate SR.No.16973

ORDER

IN CRL OP(MD) No.15858 of 2018 Date :05/09/2018 TR/JC/SAR-1 (10/09/2018) 3P/6C