Esakkiappan 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.13331 of 2015 ESAKKIAPPAN ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE PANANGUDI POLICE STATION, TIRUNELVELI DT, CRIME NO.267/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.MALAIYENDRAN 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 sole 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.

267 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that due to civil dispute between the accused and the de-facto complainant on 05.07.2015 there was a wordy quarrel between them, 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 petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence, the injured has sustained only simple injury and he was taking treatment as outpatient. He further submitted that the petitioner is having two previous cases. https://hcservices.ecourts.gov.in/hcservices/

5.However, considering the above facts and circumstances of the case and also considering the fact that the injury was simple and injured was taking treatment as outpatient, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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, Valliyoor 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 daily at 10.00 a.m. for a period of two weeks and thereafter 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/- 15/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VALLIYOOR.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE PANANGUDI POLICE STATION, TIRUNELVELI DT.

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

+1. CC to M/S.V.MALAIYENDRAN Advocate SR.No.39282

ORDER

IN CRL OP(MD) No.13331 of 2015 Date :15/07/2015 PA/SJW/20.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/