Madras High CourtCRL OP(MD)/4518/2017disposed of

C.K.Subburaj, v. The Inspector Of Police,

2017-04-17Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4518 of 2017 1 C.K.SUBBURAJ, 2 GOWTHAM, 3 M.MATHAN KUMAR, 4 PRAKASH, ... PETITIONERS/ ACCUSED 1-4 Vs THE STATE REP BY THE INSPECTOR OF POLICE, NILAKKOTTAI POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.72 OF 2017. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.SATHISH BABU Advocate For Respondent : M/S.S.PRABHA, Government Advocate(Criminal 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 in Crime No.72 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 341, 323 and 506(ii) of IPC r/w. Section 4 of Tamil Nadu Prohibition of Women Harassment Act and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that on 09.04.2017, when Mariamman kovil temple celebration was going on, the petitioners created troubed and abused the defacto complainant with filthy language and attacked him with wooden log. Hence, the present complaint.

4.The learned Government Advocate(Crl.Side) appearing for the respondent on instructions submitted that the injured was discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that the injured was 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 https://hcservices.ecourts.gov.in/hcservices/

appearance before the learned Judicial Magistrate, Nilakkottai and 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 petitioner Nos.1 and 4/A1 and A4 shall appear before the respondent police once in a week i.e. on every Monday at 10.30 a.m., until further orders, for interrogation. The petitioner Nos.2 and 3/A2 and A3 shall appear before the respondent police as when and required, for interrogation. 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/- 17/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, NILAKKOTTAI POLICE STATION, DINDIGUL DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.N.SATHISH BABU Advocate SR.No.20214 SVA/CM/MSA/20.04.2017/SAR4/2P/6C

ORDER

IN CRL OP(MD) No.4518 of 2017 Date :17/04/2017 https://hcservices.ecourts.gov.in/hcservices/