K. Paiulchamy v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20762 of 2015 K. PAULCHAMY ... PETITIONER/ SOLE ACCUSED Vs STATE THROUGH THE SUB INSPECTOR OF POLICE BODINAYAKKANUR TALUK POLICE STATION, THENI DISTRICT.

(CR NO.630/2015) ... RESPONDENT/ COMPLAINANT SANTHI ... INTERVENER/DE-DACTO COMPLAINANT For Petitioner : M/S R.MANICKAM, Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) For Intervener : M/S.K.VIDYA, Advocate 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 offences punishable under Sections 294(b) and 307 of I.P.C., in Crime No.630 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are husband and wife and due to some wordy quarrel arose between them, the petitioner attacked his wife with iron rod and caused injury to her.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

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

5. The learned counsel for the intervenor submitted that the petitioner after consuming alcohol, used to threaten the de-facto complainant with dire consequences.

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6. Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the

hospital, 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, Bodinayakkanur 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 stay at Madurai and appear before the Town Police Station, Madurai 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 is made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 17/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,BODINAYAKKANUR.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3.THE SUB INSPECTOR OF POLICE, BODINAYAKKANUR TALUK POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S P.MAHENDRAN Advocate SR.No.65900

ORDER

IN CRL OP(MD) No.20762 of 2015 Date :17/11/2015 NS/SKS-RR/SAR I/20.11.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/