Mani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22501 of 2015 MANI ... PETITIONERS/ ACCUSED NO.3 Vs STATE THROUGH THE INSPECTOR OF POLICE THIRUVEGAMPATHUR POLICE STATION, DEVAKOTTAI TALUK, SIVAGANGAI DISTRICT.
(CRIME NO. 64 OF 2013) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.V.K.SARAVANAN 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/Accused No.3, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 323, 324 and 506(ii) of IPC altered into Section 323, 326 and 506(ii) of IPC, in C.C.No.71 of 2014, on the file of the learned Judicial Magistrate, Devakottai, seeks anticipatory bail.
2.The case of the prosecution is that on 18.04.2013 the petitioners abused the defacto complainant with filthy language and attacked one Kalidass, who is the driver of the transport bus, therefore, the case has been registered for the above said offences.
3.The case of the petitioner is that he is an innocent person and he has not committed any offence and his name has been falsely implicated in this case and on the date of occurrence on 18.04.2013 when the petitioner proceeding the van towards Devakottai, the defacto complainant had driven the bus in a rash an negligent manner and dashed the van. As a result, the occupants of the van including the petitioner has given a complaint before the respondent police and the same has been registered in Cr.No.63 of 2015 for the offences under Sections 279 & 337 of IPC and as a counter blast, the defacto complainant has given a false complaint against the petitioner.
4.The learned Government Advocate (Crl.side) submitted that the investigation has been completed and the charge-sheet has been filed in C.C.No.71 of 2014 before the learned Judicial Magistrate, Devakottai and A1 & A2 were already granted anticipatory bail by this Court. https://hcservices.ecourts.gov.in/hcservices/
5.Considering the facts and circumstances of the case and also considering the fact that the charge sheet has been filed in C.C.No.71 of 2014 before the learned Judicial Magistrate, Devakottai, 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, Devakottai 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 concerned court in all future hearings, without fail. 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/- 27/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE THIRUVEGAMPATHUR POLICE STATION,DEVAKOTTAI TALUK,SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.V.K.SARAVANAN Advocate SR.No.67930
ORDER
IN CRL OP(MD) No.22501 of 2015 Date :27/11/2015 NS/PM-MP/SAR II/01.12.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/