Muthupalani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of January Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.1127 of 2015 MUTHUPALANI ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE AMARAVATHIPUDUR (SOMASUNDARAPURAM) POLICE STATION, SIVAGANGAI DISTRICT.

CR. NO.02/2015.

... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.SOLAISAMY Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, 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), 323 and 506(i) I.P.C. in Crime No.2 of 2015 on the file of the respondent police and hence seeks anticipatory bail.

2. The case of the prosecution is that there are totally three accused in this case and the petitioner is arrayed as A.1.

3. It is the case of the defacto complainant that he is a Senior Citizen, aged about 63 years and on 05.01.2015, when he was walking on the side of the road, at that time, three persons travelling in a two wheeler went very close to him and consequently questioned them as to the manner in which they were driving the vehicle, all the accused had pushed him down and attacked him and consequently, sustained injuries and admitted in the Karaikudi Government Hospital and subsequently in a private hospital.

4. The learned Counsel for the petitioner would submit that the petitioner is nothing to do with the alleged commission of offence and all of them are falsely implicated in this case.

5. The learned Government Advocate(Crl.Side) would submit that the defacto complainant has been pushed and beaten by all of the accused and that the injured has been discharged from the hospital.

6. This Court, taking into consideration the above facts and circumstances and the further fact that the injured has been discharged from the hospital, is inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Karaikudi and on executing a personal 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 stay at Dindigul and report before the Dindigul South Police Station daily at 11.00a.m. for a period of two weeks and thereafter as and when required for interrogation by the respondent police. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 23/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,KARAIKUDI.

2.DO THRO THE CHEIF JUDICIAL MAGISTRATE, SIVAGANGAI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BECNH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE AMARAVATHIPUDUR (SOMASUNDARAPURAM) POLICE STATION, SIVAGANGAI DISTRICT. 5.THE OFFICER INCHARGE, DINDIGUL SOUTH POLICE STATION, DINDIGUL.

+1. CC to M/S.M.SOLAISAMY Advocate SR.No.3370

ORDER

IN CRL OP(MD) No.1127 of 2015 Date :23/01/2015 rg.27/01/2015 2p/7c.

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