Jeganathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of July Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.12744 of 2015 JEGANATHAN ... PETITIONER/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE S.S. KOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.16/2013 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.JEYAKUMAR 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.1 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 324 and 379 (NH) I.P.C., in Crime No.16 of 2013 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the de-facto complainant, on 01.02.2013, the accused waylaid him and attacked with hands and taken away the rayban glass and his gold chain.

3. The learned counsel for the petitioner submitted that the case was registered on 02.02.2013 and the complaint was given with an ulterior motive. The learned counsel for the petitioner further submitted that the petitioner's father lodged a complaint against the de-facto complainant party in the election dispute and when the investigation was pending, only to prevent the petitioner to go abroad for job, this complaint was given.

4. The learned Government Advocate (Crl.side) submitted that the respondent has completed the investigation and also laid charge sheet.

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, Thiruppathur, Sivagangai District 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 as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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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/- 08/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE, THIRUPPATHUR, SIVAGANGAI DISTRICT.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3. THE INSPECTOR OF POLICE S.S. KOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

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

SR : 14.07.2015 : 2P/5C

ORDER

IN CRL OP(MD) No.12744 of 2015 Date :08/07/2015 https://hcservices.ecourts.gov.in/hcservices/