Maduraiveeran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12833 of 2015 MADURAIVEERAN ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE APPANTHIRUPATHI POLICE STATION, (INCHARGE), THE INSPECTOR OF POLICE, OOMATCHIKULAM POLICE STATION, MADURAI DIST.

(CRIME NO. 363/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SUBASH BABU 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 petitioner, who is arrayed as an accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323 and 506(ii) of IPC, in Crime No.363 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 02.07.2015, when the de-facto complainant participated in the death ceremony of his relative, there was a wordy altercation between the accused and the de-facto complainant, in which accused assaulted the de-facto complainant and also threatened the de-facto complainant with dire consequences.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that originally, the petitioner has lodged a complaint against the de-facto complainant and the same was registered in Crime No.362 of 2015 and as as a counter blast, this case has been foisted against the petitioner.

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

5.Considering the 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 petitioner with certain conditions.

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6.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.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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition 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/- 21/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, MADURAI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB INSPECTOR OF POLICE APPANTHIRUPATHI POLICE STATION, (INCHARGE), THE INSPECTOR OF POLICE, OOMATCHIKULAM POLICE STATION, MADURAI DIST.

+1. CC to M/S.M.SUBASH BABU Advocate SR.No.40119. TS/23.07.2015/2P - 6C

ORDER

IN CRL OP(MD) No.12833 of 2015 Date :21/07/2015 https://hcservices.ecourts.gov.in/hcservices/