CRL OP(MD)/19566/2019 of Surya Vs The Inspector of Police on 30 December 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

PRESENT

The Hon`ble Mrs.Justice T.KRISHNAVALLICRL OP(MD). No.19566 of 2019

1. SURYA2. SARAN ... PETITIONERS/ACCUSED NO.3 & 4

VS

STATE REP. BYTHE INSPECTOR OF POLICE,PALANICHETTIPATTI POLICE STATION, THENI DISTRICT. (CRIME NO. 534/2019). ... RESPONDENT/COMPLAINANT For Petitioner : M/s. P. Senguttuarasan, Advocate. For Respondent : Mr.A. Robinson, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C.

PRAYER :-

For Anticipatory Bail in Crime No. 534/2019 on the file of theRespondent Police.

ORDER : The Court made the following order :- The petitioners apprehend arrest at the hands of the respondentpolice for the alleged offences punishable under sections 294(b, 323and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of WomenHarassment Act on the file of the respondent police and hence, seekanticipatory bail.

2.The case of the prosecution is that due to wordy quarrelbetween the petitioners and the defacto complainant, the petitionersattacked the defacto complainant with dire consequences.

3.The learned counsel for the petitioners submitted that thepetitioners have never committed any offence as alleged by thehttps://hcservices.ecourts.gov.in/hcservices/prosecution.

4.The learned Government Advocate (Criminal side) appearing forthe respondent submitted that the injured was treated as outpatient.

5.Considering the above facts and circumstances of the case andalso considering the fact that the injured has been treated asoutpatient, hence, this Court is inclined to grant anticipatory bailto the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released onbail in the event of arrest or on their appearance before thelearned Judicial Magistrate, Theni, Theni District and on theirexecuting a bond for a sum of Rs.10,000/-each (Rupees Ten Thousandonly) along with two sureties each for a like sum to thesatisfaction of the learned Magistrate concerned and the petitionersshall appear before the concerned Magistrate Court in weekly once at10.00 a.m, until further orders. The petitioners shall comply withthe condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready, failing which, the petition for anticipatory bail standsdismissed.

sd/-

30/12/2019

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE, THENI. THENI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. THENI DISTRICT.

3 THE INSPECTOR OF POLICE, PALANICHETTIPATTI POLICE STATION, PALANICHETTIPATTI POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.P.SENGUTTUARASAN, Advocate ( SR-21[I] dated02/01/2020 )