Raja, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.15180 of 2015 RAJA ... PETITIONER/ ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE, TIRUCHENDUR POLICE STATION, THIRUCHENDUR, THOOTHUKUDI DISTRICT.
(CR.NO.297/15) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.R.ANBARASU, Advocate For Respondent : MS.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 A1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 323 and 506(ii) IPC and Section 4 of TNPHW Act, in Crime No.297 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.
2. The case of the prosecution is that the de-facto complainant was collecting fuel wood from the lease hold land of the petitioner. Hence, the petitioner assaulted the de-facto complaint with a stick and abused her.
3. The learned Counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner is innocent.
4. It is submitted bye learned Government Advocate (crl.side) that the injured person had already been discharged from the hospital. She further submits that it is a case in counter. 5.
Considering the submissions made by the learned Government Advocate(crl.side) and also considering the fact that the injured person had already 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 his arrest or on his appearance before the learned Judicial Magistrate, Tiruchendur, and on 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 https://hcservices.ecourts.gov.in/hcservices/
that the petitioner shall appear before the respondent police daily at 10.00 a.m for period of two weeks and thereafter as and when required. 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/- 05/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.
THE JUDICIAL MAGISTRATE, TIRUCHENDUR.
2.
DO THRO CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3.
THE INSPECTOR OF POLICE, TIRUCHENDUR POLICE STATION, THIRUCHENDUR, THOOTHUKUDI DISTRICT.
4.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.R.ANBARASU Advocate SR.No.44406
ORDER
IN CRL OP(MD) No.15180 of 2015 Date :05/08/2015 NS/AMF/LIB/07.08.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/