Amalraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20120 of 2015 AMALRAJ ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE CANTONMENT POLICE STATION, TIRUCHIRAPPALLI CITY.

(IN CRIME NO. 847 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.M.MADASAMY Advocate For Respondent : MR.K.ANBARASAN 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 sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i) of I.P.C., in Crime No.847 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 11.10.2015, when the Election Commission was conducting Special Camp to include new voters in the voters' list at Ward No.45, Tiruchirappalli, the petitioner prevented the officials from discharging their duty. When the defacto complainant questioned the same, the petitioner attacked him and used filthy language.

3. The learned counsel for the petitioner submitted that on 11.10.2015, the petitioner was attacked by the defacto complainant and he sustained injury and admitted in Government Hospital, Tiruchirappalli. Hence, based on his complaint a case has been registered in Crime No.848 of 2015 and as a counter blast the present case has been foisted against the petitioner. It is further submitted that in the counter case, the the defacto complainant was granted anticipatory bail.

4. The learned Government Advocate (Criminal side) submitted that the petitioner prevented the officials from discharging their duty and abused the defacto complainant with filthy language and the investigation is pending.

5. Considering the facts and circumstances of the case and also considering the fact that this is a case in counter and in the counter case the accused was released on anticipatory bail, this Court is https://hcservices.ecourts.gov.in/hcservices/

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.2, Tiruchirappalli 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 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 is made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 23/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II TIRUCHIRAPPALLI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TIRUCHIRAPPALLI CITY.

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

+1. CC to M/S T.M.MADASAMY Advocate SR.No.66933.

ORDER

IN CRL OP(MD) No.20120 of 2015 Date :23/11/2015 AM/26.11.2015/AAL.MPA/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/