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Madras High CourtCRL OP/8476/2017granted

Kamaraj, Aged 40 Years v. The State Rep. By Inspector Of

2017-05-05Honourable Mr Justice P. Kalaiyarasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fifth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.8476 of 2017 KAMARAJ, [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY INSPECTOR OF [ RESPONDENT ] POLICE, IRUMBULIKURICHI POLICE STATION, ARIYALUR-DISTRICT.

CR.NO.36 OF 2017 For Petitioner : M/S.ILAYARAJA KANDASAMY Advocate For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294 (b) and 307 of IPC on the file of the respondent police in Crime No.36 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that on 06.04.2017 at 9.30a.m. due to property dispute, the petitioner beated the de facto complainant with wooden log and caused injuries.

3. Learned counsel appearing for the petitioner submits that the petitioner is innocent, he has been falsely implicated in this case and the injured has been discharged from the hospital and that the petitioner is a permanent resident and therefore, he may be granted anticipatory bail.

4. Learned Government Advocate [Crl. Side] though opposes this petition, concedes that injured has been discharged from the hospital.

5. Considering the fact that the injured has been discharged from the hospital, pendency of civil dispute and that the petitioner is having permanent residence and also the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Jayankondam and on 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 Judicial Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

-sd/- 05/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, JAYANKONDAM.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, IRUMBULIKURICHI POLICE STATION, ARIYALUR-DISTRICT.

+1 CC to M/S.ILAYARAJA KANDASAMY Advocate on payment of necessary charges-Sr.8359 CRL OP.8476/2017 Date :05/05/2017 ths : 09.05.2017