Sakthi @ Sakthipandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12457 of 2015 1 SAKTHI @ SAKTHIPANDI 2 MAYANDI ... PETITIONERS/ACCUSED 1&3 Vs STATE REP BY ITS THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI DISTRICT (CRIME NO.930/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.SUTHASATHYANANTH Advocate For Respondent : M/S.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 petitioners, who are arrayed as A1 and A3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323, 324 and 506(ii) of IPC, in Crime No.930 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, there was a wordy quarrel between the de-facto complainant and the accused, in which the accused attacked the de-facto complainant and also threatened the de-facto complainant with dire consequences. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the 2nd petitioner/A3 was arrested by the respondent police and hence, he not-pressed the petition against him. It is further submitted that A2 was released on anticipatory bail by the Sessions Court.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injury has been discharged from the hospital.

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5.Considering the above facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the first petitioner with certain conditions. In view of the submission made by the learned counsel for the petitioners that 2nd petitioner/A3 arrested by the respondent police, this petition is dismissed as against him.

6.Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Madurai 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 first petitioner shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required for interrogation. The first petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The first 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/- 15/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI DISTRICT +1. CC to M/S.B.SUTHASATHYANANTH Advocate SR.No.39216 RL/6C - 20/7/2015

ORDER

IN CRL OP(MD) No.12457 of 2015 Date :15/07/2015 https://hcservices.ecourts.gov.in/hcservices/