S. Rajesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20573 of 2015 S. RAJESH ... PETITIONER / 1st ACCUSED Vs THE INSPECTOR OF POLICE KALIYAKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO. 476/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.C.HEROLD SINGH 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 accused No.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 353, 307 of IPC and 4(1)(A) r/w 21 MMR Act, 1957 36(A) MMR Rules, 1959, in Crime No.476 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 19.10.2015, the defacto complainant on inspection found that the petitioner was transported Msand. When he tried to stop the vehicle, the petitioner tried to dash against him and stopped the vehicle in a distance and ran away from the spot.

3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner. 4.The learned Government Advocate (Crl.Side) submitted that no one sustained injury in the alleged occurrence.

5.Considering the facts and circumstances of the case and also considering the fact that no one was injured in the incident, 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 arrest or on his appearance before the learned Judicial Magistrate No.I, Kuzhithurai 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 daily at 10.00 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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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/- 03/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT 3 THE INSPECTOR OF POLICE KALIYAKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S S.C.HEROLD SINGH Advocate SR.No.64700 sm:SKs-rr:SAR I:05.11.2015:2P/6C

ORDER

IN CRL OP(MD) No.20573 of 2015 Date :03/11/2015 https://hcservices.ecourts.gov.in/hcservices/