Premkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20623 of 2015 PREMKUMAR ... PETITIONER/ACCUSED NO.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, MANIKANDAM POLICE STATION, TRICHY DISTRICT.

(CRIME NO. 191 OF 2015) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S K.SIVABALAN 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 arrayed as A4 apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 294(b), 323 and 506(i) of IPC, in Crime No.191 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 21.09.2015, due to previous enmity, the accused attacked the de-facto complainant and his son with stone and stick and also threatened them with dire consequences.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The learned counsel further submitted that it is a case of case and counter and that A1 to A3 were already enlarged on bail.

4.The learned Government Advocate (Criminal side) for the respondent submitted that in the alleged occurrence, no one has sustained any injury.

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.IV. Trichy 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 daily at 10.00 a.m for a period of two weeks and thereafter, 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/- 28/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.IV, TRICHY.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3. THE INSPECTOR OF POLICE, MANIKANDAM POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S K.SIVABALAN Advocate SR.No. 64079

ORDER

IN CRL OP(MD) No.20623 of 2015 Date :28/10/2015 2P/6C TE/JGB/SAR-I : 02/11/2015 https://hcservices.ecourts.gov.in/hcservices/