Raja v. State Thro The Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15597 of 2015 RAJA ... PETITIONER/ACCUSED NO.2 Vs STATE THROUGH THE INSPECTOR OF POLICE, UPPILIYAPURAM POLICE STATION, TRICHY DISTRICT.

(CRIME NO. 197 OF 2015) ... RESPONDENT / COMPLAINANT MINNAL ... INTERVENOR For Petitioner : M/S R.ALAGUMANI Advocate For Respondent : Govt. Advocate ( Crl. Side) For Intervenor : M/S.M.PALANIRAJA, Advocate 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 147, 379, 511 and 506(ii) of IPC, in Crime No.197 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the de-facto complainant, that on 28.06.2015 the petitioner/A2 along with the other accused have attempted to commit theft of his two wheeler and after arising alarm, they run away from the scene.

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 the petitioner is a leader of political movement called ''Tamil Puratchi Puligam'' and he is fighting against the untouchability adopted in his village and on 28.06.2015, the petitioner was attacked by the de-facto complainant, for which he lodged a complaint and the same was registered in Crime No.198 of 2015. It is further submitted that the petitioner had sustained grievous injury and he was admitted in the Government Hospital, Trichy on 30.06.2015 and discharged only on 14.07.2015. https://hcservices.ecourts.gov.in/hcservices/

4.Mr.M.Palaniraja, learned counsel appearing for the intervenor vehemently opposed granting of anticipatory bail to the petitioner contending that the petitioner has involved in another case in Crime No.227 of 2015, in which, he attacked the de-facto complainant with Patta knife and caused multiple fracture and also taken away Rs.2,00,000/- cash, 2-1/2 sovereigns of jewels, a motor bike and three cell phones and therefore, the petitioner is not entitled for anticipatory bail.

5.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

6.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thuraiyur 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 stay at Madurai and appear before the Mathichiam Police station daily at 10.30 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8.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/- 19/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THURAIYUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE OFFICER-IN-CHARGE MATHICHIAM POLICE STATION, MADURAI 5.THE INSPECTOR OF POLICE UPPILIYAPURAM POLICE STATION, TRICHY DISTRICT +1. CC to M/S R.ALAGUMANI Advocate SR.No.48000 RL/7 C- 24/8/2015

ORDER

IN CRL OP(MD) No.15597 of 2015 Date :19/08/2015 https://hcservices.ecourts.gov.in/hcservices/