Vinoth v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20648 of 2015 VINOTH ... PETITIONER/ACCUSED NO.5 Vs STATE REPRESENTED BY THE INSEPECTOR OF POLICE TALUK POLICE STATION,SIVAGANGAI DISTRICT, (CRIME NO.268 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S P.VENKATESAN Advocate For Respondent : M/S.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 A5 apprehends arrest at the hands of the respondent police for the alleged offence punishable under section 307 of IPC, in Crime No.268 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.

The case of the prosecution is that the accused were trying to rape a girl and on hearing the voice of the girl, the de-facto complainant tried to rescue the girl and at that time, the accused attacked the de-facto complainant with knife and also threatened the de-facto complainant 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 A4 and the petitioner/A5 were granted anticipatory bail by this court in Crl.O.P(MD)Nos.18045 and 18368 of 2015 for the offence of 376 IPC.

4.The learned Government Advocate (Criminal side) for the respondent submitted that the injured has been discharged from the hospital .

5.Considering the above 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.II, Sivagangai 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 until further orders. 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/- 29/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II SIVAGANGAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4.THE INSEPECTOR OF POLICE TALUK POLICE STATION, SIVAGANGAI DISTRICT, +1. CC to M/S P.VENKATESAN Advocate SR.No.63665 RL/6 C- 2/11/2015

ORDER

IN CRL OP(MD) No.20648 of 2015 Date :29/10/2015 https://hcservices.ecourts.gov.in/hcservices/