Madras High CourtCRL OP(MD)/202/2020granted

Mahesh v. The Sub Inspector Of Police

2020-01-08Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.202 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.202 of 2020 MAHESH ... PETITIONER/ACCUSED NO.1 VS STATE REP. BY THE SUB INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT, CRIME NO.1/2020.

... RESPONDENT/COMPLAINANT For Petitioner : M/s.K.P.Narayanakumar, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 294(b), 323, 354 and 506(ii) of I.P.C., in Crime No.1 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner's counsel states that on the eve of new year, the altercation in question had taken place. According to the petitioner's counsel, the petitioner is an army man and when he was not at fault, he was needlessly provoked by the respondent police. Be that as it may, when the police are in uniform, the petitioner who is also an army man is expected to show respect. Of course, this is without prejudice to his defence in the trial. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.202 of 2020 petitioner's counsel on instructions gives an undertaking that the petitioner will write out a hand written letter of apology and go the respondent police station and hand over the hand written letter of apology to Shiri.Vibin, police constable (1638).

4. subject to this condition, I am 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 arrest or on his appearance before the learned Judicial Magistrate No.I, Padmanabhpuram, and on his 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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. 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 shall stand dismissed.

sd/- 08/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, PADMANABHPURAM.

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

3 THE SUB INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-656[I] dated 10/01/2020 )

ORDER

IN CRL OP(MD) No.202 of 2020 Date :08/01/2020 IAS JM/JC/SAR 1/20.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2