M.Shanmugam v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10164 of 2015 M.SHANMUGAM ... PETITIONER / 2nd ACCUSED Vs STATE REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI, IN CRIME NO. 182 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.MURALEEDHARAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.2 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(ii) of I.P.C., in Crime No.182 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the accused have attacked the de-facto complainant.

3. The learned counsel for the petitioner submitted that this is a case of case in counter and the first accused was already arrested and released on bail. The learned counsel for the petitioner further submitted that the de-facto complainant had sustained only simply injury and despite the advice of the Doctor to discharge from the hospital, the de-facto complainant is not willing to discharge from the hospital.

4. The learned Government Advocate (Crl.side) submitted that the injured is still in hospital and the first accused was also released on bail.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 No.IV, Madurai 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 that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner 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 petition for anticipatory bail stands dismissed.

sd/- 09/06/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE NO.IV MADURAI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE SUB INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI, IN 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.MURALEEDHARAN Advocate SR.No.28851 Sm:12.06.2015:2P/6C

ORDER

IN CRL OP(MD) No.10164 of 2015 Date :09/06/2015 https://hcservices.ecourts.gov.in/hcservices/