← Library
Madras High CourtCRL OP(MD)/12044/2015allowed

Udhayakumar v. The Inspector Of Police

2015-07-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12044 of 2015 UDHAYAKUMAR ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE THIRUCHULI POLICE STAION, VIRUDHUAGAR DISTRICT, CRIME NO.148 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.ANANDAN Advocate For Respondent : MRS.S.PRABHA, 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 the sole accused, in Crime No.148 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 341, 323, 506(i) IPC and hence, seeks anticipatory bail.

2.The case of the prosecution is that when the defacto complainant irrigated his land by taking water from the village konmai the petitioner stopped him and the same was questioned by the defacto complainant for which the petitioner abused with filthy language and assaulted the petitioner with dire consequences. 3.The learned counsel for the petitioner submitted that the petitioner is the President Pannaimoontradaippu Panchayat for the past three periods and when the defacto complainant was selling illicit liquor, the petitioner had questioned selling the illicit liquor and hence, a false complaint has been given against the petitioner. 4.Heard the learned Government Advocate(Crl.side) appearing for the State.

5. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest https://hcservices.ecourts.gov.in/hcservices/

or on his appearance before the learned Judicial Magistrate, Aruppukkottai,and on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction to the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required. 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/- 06/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTAI.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE THIRUCHULI POLICE STAION, VIRUDHUAGAR DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.ANANDAN Advocate SR.No.36263

ORDER

IN CRL OP(MD) No.12044 of 2015 Date :06/07/2015 PA/07.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/