Jambulingam v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19925 of 2015 JAMBULINGAM ... PETITIONER / SOLE ACCUSED Vs THE STATE REP. BY THE INSEPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT, (CR.NO.52 OF 2014) ... RESPONDENT / COMPLAINANT FOR PETITIONER : M/S M.KARUNANITHI ADVOCATE FOR RESPONDENT : MRS.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 the sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 394 and 427 of I.P.C., in Crime No.52 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 21.01.2014 at 9.30 p.m., the accused demanded money from the de-facto complainant for consuming liquor, when it was refused, he took Rs.375/- from the pocket at knife point and thereafter, he attacked him with wooden stick.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and no such occurrence had taken place.

4. The learned Government Advocate (Crl.side) submitted that the petitioner has no bad antecedents and the case has not been registered for the injury said to have been sustained by the defacto complainant.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.VI, Madurai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) https://hcservices.ecourts.gov.in/hcservices/

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 daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition 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 stands dismissed.

sd/- 15/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSEPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.19925 of 2015 Date :15/10/2015 2P/5C TE/GSV/SAR-II : 26/10/2015 https://hcservices.ecourts.gov.in/hcservices/