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Madras High CourtCRL OP(MD)/17161/2015allowed

Jothimani v. The Sub Inspector Of Police

2015-09-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17161 of 2015 JOTHIMANI ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE SRIVILLIPUTTUR TOWN POLICE STATION, VIRUDHUANGAR, CR. NO. 570/2015. RESPONDENT / COMPLAINANT For Petitioner : M/S R.MARIAPPAN 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 307 of IPC, in Crime No.

570 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that due to family dispute between the accused and the de-facto complainant, on 24.08.2015 there was a wordy quarrel between them, in which the accused abused the de-facto complainant with filthy language, stabbed him 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.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that the injured has 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 arrest or on his appearance before the learned Judicial Magistrate No.II, Srivilliputtur 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 https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioner shall appear before the respondent police daily at 10.00 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/- 08/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, SRIVILLIPUTHUR. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB INSPECTOR OF POLICE SRIVILLIPUTTUR TOWN POLICE STATION, VIRUDHUANGAR. +1. CC to M/S R.MARIAPPAN Advocate SR.No.53238. TS/10.09.2015/2P - 6C GSV-PM/SAR -I

ORDER

IN CRL OP(MD) No.17161 of 2015 Date :08/09/2015 https://hcservices.ecourts.gov.in/hcservices/