Mohanraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16728 of 2015 MOHANRAJ ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE NESAMONI NAGAR POLICE STATION, KANYAKUMARI DIST.

CRIME NO.336/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S S.SANKAR Advocate For Respondent : M/s.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 341, 294(b), 324 and 506(i) of IPC, in Crime No.336 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 motive with regard to administration of the village Church, there was a wordy quarrel between the accused and the de-facto complainant, in which the accused attacked the de-facto complainant 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. He further submitted that it is a case of case and counter.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured was taking treatment as outpatient. 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 District Munsif-cum-Judicial Magistrate, Boothapandi, Kanyakumari District 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.

https://hcservices.ecourts.gov.in/hcservices/

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/- 28/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, BOOTHAPANDI, KANYAKUMARI DISTRICT.

2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, NESAMONI NAGAR POLICE STATION, KANYAKUMARI DISTRICT.

+1. CC to M/S S.SANKAR Advocate SR.No.49846 ORDER IN CRL OP(MD) No.16728 of 2015 Date :28/08/2015 PBK/AAL-MPA/SAR-II 01/09/2015 ::2P-6C::

https://hcservices.ecourts.gov.in/hcservices/