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Madras High CourtCRL OP(MD)/17922/2015allowed

Jothi@ Naga Jothi v. The Insepector Of Police

2015-09-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17922 of 2015 JOTHI@ NAGA JOTHI ... PETITIONER/ ACCUSED NO.1 Vs THE INSEPECTOR OF POLICE LALAPETTAI POLICE STATION, KARUR DISTRICT (CRIME NO.280 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S V.KANNAN Advocate For Respondent : M/S.PRABHA, 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 A1, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(ii) of I.P.C. in Crime No.280 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is said to have attacked the de-facto complainant with a stick, while A2 attacked him with aruval and caused injuries on the head and hand of the de-facto complainant.

3.The learned counsel for the petitioner submitted that even as per the prosecution, the de-facto complainant was attacked by A2 and he was arrested and remanded to judicial custody. 4.Per contra, the learned Government Advocate (Crl.side) submitted that the petitioner attacked the de-facto complainant with a stick and the injured is still in hospital.

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

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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.I, Kulithalai and on 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/- 16/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, KULITHALAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSEPECTOR OF POLICE LALAPETTAI POLICE STATION, KARUR DISTRICT +1. CC to M/S V.KANNAN Advocate SR.No.55064 RL/6 C- 22/9/2015

ORDER

IN CRL OP(MD) No.17922 of 2015 Date :16/09/2015 https://hcservices.ecourts.gov.in/hcservices/