Madras High CourtCRL OP(MD)/23801/2014allowed

Arivalagan v. Inspector Of Police

2014-12-30Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of December Two Thousand Fourteen PRESENT THE HON'BLE MR.JUSTICE R.MAHADEVAN CRL OP(MD) No.23801 of 2014 1 ARIVALAGAN 2 TAMILARASI 3 JOTHI @ ANANDAJOTHI ..PETITIONERS/ACCUSED 1 TO 3 Vs.

STATE REP.BY INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

C.R.NO.355/2014 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.DEENADHAYALAN Advocate For Respondent : Mrs.S.PRABHA, Government 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 alleged offence punishable under sections 294(b), 323, 324 and 506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, in Crime No.355 of 2014 on the file of the respondent police and seek anticipatory bail.

2.The case of the prosecution is that due to matrimonial dispute, the petitioners are said to have assaulted the de facto complainant and threatened her with dire consequences.

3.Learned counsel appearing for the petitioners submitted that the petitioners are the innocent persons and they have been falsely implicated in this case.

4.Learned Government Advocate (Crl. Side) submitted that the injured has been discharged from the hospital.

5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the state and also perused the entire materials available on record. 6.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Pattukkottai and on their 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 petitioners shall appear before the respondent police, daily twice at 10.30 a.m. and 5.30 p.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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7.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 petitioner for anticipatory bail stands dismissed. sd/- 30/12/2014 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

+1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.69339 ORDER IN CRL OP(MD) No.23801 of 2014 Date :30/12/2014 PBK 31/12/2014 ::2P-6C:

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