Niyaz Ahamed v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14753 of 2015 NIYAZ AHAMED ... PETITIONER/ ACCUSED No.2 Vs THE STATE REB.BY THE INSPECTOR OF POLICE, GANESH NAGAR POLICE STATION, PUDUKKOTTAI DT.

IN CR.NO.283/15 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.N.GOVARDHANAN Advocate For Respondent : MRS.S. PRABHA 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 A2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 341, 294(b), 342 and 307 of IPC, in Crime No.283 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 19.07.2015 due to previous enmity, the accused attacked the de-facto complainant with Aruval and caused injury.

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 the injured has been discharged from the hospital. It is further submitted that the petitioner is having three pervious cases to his credit.

5.However, 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, Pudukkottai 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 https://hcservices.ecourts.gov.in/hcservices/

further condition that the petitioner shall appear before the respondent police daily twice I.e. at 10.30 a.m and 05.00 p.m until further orders. 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/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI

2. THE JUDICIAL MAGISTRATE, PUDUKKOTTAI

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

4. THE INSPECTOR OF POLICE, GANESH NAGAR POLICE STATION, PUDUKKOTTAI DT.

+1. CC to M/S.K.N.GOVARDHANAN Advocate SR.No.44056

ORDER

IN CRL OP(MD) No.14753 of 2015 Date :04/08/2015 2P/6C AM/KBM/07.08.2015 https://hcservices.ecourts.gov.in/hcservices/