Dharmakannu @ Dharmakan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1737 of 2020 Dharmakannu @ Dharmakan, ... Petitioner/Sole Accused Vs 1.The State rep.by The Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District.
2.The Inspector of Police, Kalakkad Police Station, Tirunelveli District (Crime No.37 of 2020).
... Respondent / Complainants.
3.Murugan ... Respondent / Defacto Complainant For Petitioner : C.K.M.APPAJI, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- (SC/ST Act) for Anticipatory Bail in Crime No.37 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner apprehending arrest at the hands of the second respondent police for the offences punishable under sections 294(b), 324 and 506(ii) of I.P.C., in Crime No.37 of 2020 on the file of the respondent police, seeks anticipatory bail.
3. The victim has been notified about the listing of the case, but he has not chosen to enter his appearance. https://hcservices.ecourts.gov.in/hcservices/ 4.On carefully going through the materials on record, it is seen that a petty quarrel relating to barking of dog has been given
a communal colour. At the instance of the petitioner, Crime No.38 of 2020 was registered for the offences under Sections 294(b), 324 and 506(2) of IPC against the defacto complainant herein/R3. The petitioner is also said to have been injured.
5. Taking note of all these aspects, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Second Additional District Sessions Judge (PCR) Court, Tirunelveli, 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 conditions stipulated under Section 438 Cr.P.C scrupulously.
6. 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 shall stand dismissed.
sd/- 05/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE 2nd ADDITIONAL SESSIONS JUDGE (PCR) COURT, TIRUNELVELI. 2 THE DEPUTY SUPERINTENDENT OF POLICE, NANGUNERI DIVISION, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, KALAKKAD POLICE STATION, TIRUNELVELI DISTRICT. 4 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.K.M.APPAJI, Advocate ( SR-2305[I] dated 05/02/2020 )
ORDER
IN CRL OP(MD) No.1737 of 2020 Date :05/02/2020 https://hcservices.ecourts.gov.in/hcservices/ SDS/SKN/SAR-3 (11.02.2020) 2P-6C