A.Ajith Kumar v. The Inspector Of Police

CRL OP(MD). No.113 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.113 of 2022 A.Ajith Kumar ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Kotticode Police Station, Kanyakumari District (Crime No.181 of 2021).

... Respondent/Complainant For Petitioner : M/s.RAAMAKRISHNAN.Ka., Advocate.

For Respondent : Mr.SS.MADHAVAn, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 181 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 341 and 506(ii) I.P.C, in Crime No.181 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 26.12.2021, at about 08.15 pm., when the defacto complainant was coming near the Church at Chemaparuthikulam, the petitioner along with other accused have attacked the defacto complainant with stick and caused injury. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that this is a case in counter case and since the petitioner is working as Central Reserve Police, the appearance of the petitioner may be dispensed with.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that injured in this case has been discharged from the hospital on 28.12.2021. He further submitted that it is a case and case in counter.

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CRL OP(MD). No.113 of 2022

5. Considering the nature of offence and considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Padmanabapuram, on condition that the petitioner shall execute 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. sd/- 06/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.I PADMANABAPURAM, KANYAKUMARI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, KOTTICODE POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.113 of 2022 Date :06/01/2022 SA/JC/SAR.2/12.01.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2