Salamuthu,(44/14) 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.14947 of 2015 SALAMUTHU ... PETITIONER/SOLE ACCUSED VS STATE REP BY, THE INSPECTOR OF POLICE, AVIYOOR POLICE STATION, VIRUDHUNAGAR DISTRICT. (CR.NO.129/15) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.P.T.RAMESH RAJA ADVOCATE FOR RESPONDENT : MRS.S.PRABHA, 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 sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 324, 506(ii) and 307 of IPC, in Crime No.129 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 24.07.2015 due to previous enmity, when the de-facto complainant was standing nearby a tea stall, the accused came there and abused the de-facto complainant with filthy language and attacked him, thereby caused injury 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. The learned counsel further submitted that earlier the de-facto complainant in a drunken mood made some quarrel with the petitioner and attacked him and in this regard, a case stands registered in Crime No.130 of 2015 and 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.

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5.Considering the above facts and circumstances of the case, 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 No.II, Virudhunagar 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 10.30 a.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 JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR 2.THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT.

3.THE INSPECTOR OF POLICE, AVIYOOR POLICE STATION, VIRUDHUNAGAR DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.44149 ORDER IN CRL OP(MD) No.14947 of 2015 Date :04/08/2015 2p/6c TE/AMF/SAR-II 06/08/2015 https://hcservices.ecourts.gov.in/hcservices/