J. Sathiskumar v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21231 of 2015 J. SATHISKUMAR ... PETITIONER/ ACCUSED NO.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE THALAVAIPURAM POLICE STATION, THALAVAIPURAM, VIRUDHUNAGAR DISTRICT.

(CR NO.564 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.S.JOTHIMANI 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 No1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 427 and 506(ii), in Crime No.564 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that there was a dispute between the petitioner and the defacto complainant with regard to using of public pathway. On 01.11.2015, the petitioner and others threatened the defacto complainant with dire consequences.

3.The case of the petitioner is that he is an innocent person and he has not committed any offence. Due to the previous motive with regard to using public pathway, the defacto complainant has given a false case against the petitioner.

4.The learned Government Advocate (Crl.side) submitted that already A2 and A3 were arrested on 02.11.2015 and they are still in custody and the injured person had already been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already 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 arrest or on his appearance before the learned Judicial Magistrate, Rajapalayam 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 https://hcservices.ecourts.gov.in/hcservices/

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 made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 04/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT. 3 THE INSEPECTOR OF POLICE THALAVAIPURAM POLICE STATION, THALAVAIPURAM,VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.S.JOTHIMANI Advocate SR.No.69556

ORDER

IN CRL OP(MD) No.21231 of 2015 Date :04/12/2015 NS/SKS-RR/SAR II/07.12.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/