Siva @ Siva Shankar, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.8984 of 2017 SIVA @ SIVA SHANKAR, [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, M-6 MANALI POLICE STATION, CHENNAI DISTRICT CR.NO.699 OF 2017.
For Petitioner : M/S.P.CHANDRA SEKAR 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 offence punishable under Sections 294(b), 332 and 506(ii) IPC, in Crime No.699 of 2017 on the file of the respondent police and hence, he seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is alleged to have assaulted the defacto complainant.
3.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and co-accused has already been released on bail and therefore, he may be granted anticipatory bail.
4.The learned Government Advocate (crl.side) has no serious objection. He concedes that the co-accused has already been released on bail.
5.Considering the fact that the injured has been discharged from the hospital and the fact that the co-accused has already been released on bail and also the fact that the petitioner is having a permanent residence, with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thiruvottiyur 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 Magistrate concerned and on further condition to appear before the respondent police every Monday at 10.00 a.m for a period of two months and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. The petitioner shall appear before the concerned Magistrate within a period of three weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
-sd/- 04/05/2017 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, THIRUVOTTIYUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, M-6 MANALI POLICE STATION, CHENNAI DISTRICT.
+1 CC to M/S.P.CHANDRA SEKAR Advocate on payment of necessary charges SR.NO.8259 CRL OP.8984/2017 Date :04/05/2017 PTI-08/05/2017