R. Muthukumar v. The 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.13429 of 2015 R. MUTHUKUMAR ... PETITIONER(S) / ACCUSED 2 Vs STATE REP BY:: THE INSPECTOR OF POLICE DEVAKOTTAI, SIVAGANGAI DT, CRIME NO.344/2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.B.SANTHANAM RAJESHKUMAR Advocate For Respondent : Mr.K.V.RAJARAJAN, Government 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 A2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 324 and 506(ii) of IPC, in Crime No.344 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant, when he was standing in a Tea shop along with his friend, 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 it is a case of case and counter and the petitioner lodged a complaint against the de-facto complainant in Crime No.345 of 2015.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been discharged from the hospital. He further submitted that A1 was arrested and released on bail.

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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. 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, Devakottai 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/ 21.07.2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE DEVAKOTTAI, SIVAGANGAI DT, +1. CC to M/S.B.SANTHANAM RAJESHKUMAR Advocate SR.No.40158 DM 23 7 15 - 2P 6C ORDER IN CRL OP(MD) No.13429 of 2015 Date :21/07/2015 https://hcservices.ecourts.gov.in/hcservices/