Sathakutti v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23262 of 2015 SATHAKUTTI ... PETITIONER/ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.

( CRIME NO. 392 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S P.PETHU RAJESH 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, in Crime No.392 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 429 and 506(ii) of the Indian Penal Code and hence, seeks anticipatory bail.

2. The case of the prosecution is that the cow belonged to the defacto complainant crossed in the field of the petitioner. Hence, the petitioner attacked and stabbed the cow and also abused the defacto complainant with filthy language.

3. The case of the petitioner is that the petitioner is an innocent person and no such incident has happened and the petitioner has been falsely implicated in this case.

4. The learned Government Advocate (Criminal Side) submitted that the cow of the defacto complainant crossed the field of the petitioner. Hence, he stabbed the cow and there is no injury to the cow and the investigation is pending.

5. Considering the facts and circumstances of the case and https://hcservices.ecourts.gov.in/hcservices/ considering the allegation levelled against the petitioner and also

considering the fact that no injury caused to the cow, 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, Srivaikundam 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 respondent police daily at 10.00 a.m., until further orders. The petitioner shall comply with the conditions 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/- 09/12/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT. +1. CC to M/S.P.PETHU RAJESH Advocate SR.No.70444 Akm/10.12.2015/ 2p- 6c/NGM/SS/SAR-II

ORDER

IN CRL OP(MD) No.23262 of 2015 Date :09/12/2015 https://hcservices.ecourts.gov.in/hcservices/