← Library
Madras High CourtCRL OP(MD)/16064/2015allowed

M. Muniyasamy v. The Inspector Of Police

2015-08-19Honourable Mr Justice K. Kalyanasundaram2 pages

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.16064 of 2015 M. MUNIYASAMY ... PETITIONER/ACCUSED NO.5 Vs THE STATE REP BY THE INSPECTOR OF POLICE MUDHUKULATHOOR POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO. 42 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.P.T.RAMESH RAJA Advocate For Respondent : 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 A5 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323, 448, 355 and 506(i) of IPC, in Crime No.42 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, on 10.08.2015 there was a wordy altercation between the accused and the de-facto complainant, in which the accused attacked the de-facto complainant and caused simple injury and also threatened the defacto 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.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence, the victim has sustained simply injury and after taking treatment, he was discharged from the hospital. It is further submitted that in this A1, A2 and A4 were enlarged on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

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 , Kamuthi 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 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/- 19/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE , KAMUTHI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE MUDHUKULATHOOR POLICE STATION, RAMANATHAPURAM DISTRICT. +1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.47699 RL/6 -C 24/8/2015

ORDER

IN CRL OP(MD) No.16064 of 2015 Date :19/08/2015 https://hcservices.ecourts.gov.in/hcservices/