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Madras High CourtCRL OP(MD)/5161/2018granted

Kaliraj, v. The Inspector Of Police,

2018-04-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5161 of 2018 KALIRAJ, ... PETITIONER/ACCUSED SOLE Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, KARIVALAMVANTHANALLUR POLICE STATION, CRIME NO.115 OF 2018, TIRUNELVELI DISTRICT. RESPONDENT/COMPLAINANT For Petitioner : M/S.J.SENTHIL KUMAR Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/ sole accused apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 332, 307, 353, 506(ii) of IPC in Crime No.

115 of 2018, on the file of the Inspector of Police, Karivalamvanthanallur Police Station, Tirunelveli District, seeks anticipatory bail. 2.The defacto complainant is the bus driver. He is now working in the Tamil Nadu State Transport Corporation. On the alleged day of occurrence, the defacto complainant was driving bus from Kovilpatti to Rajapalayam, the petitioner/sole accused came in bullet /bike. The petitioner requested to give some space to move ahead in the road, but the defacto complainant did not give space. Therefore, the dispute arose between the petitioner and the defacto complainant. The petitioner tried to attack the defacto complainant with rod and abused him using filthy language. Therefore, the defacto complainant lodged a complainant on the file of the respondent police.

3.Heard the learned counsel appearing for the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate(Crl side) appearing for the respondent submitted that the injured has been discharged from the

hospital and there is no previous case is pending against the petitioner.

5.Taking note of these circumstances, 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, Sankarankovil and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 as and when required for interrogation. 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 04/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.J.SENTHIL KUMAR Advocate SR.No.5437

ORDER

IN CRL OP(MD) No.5161 of 2018 Date :04/04/2018 SMA/RR-CSL/SAR-2/09.04.2018:2P/6c https://hcservices.ecourts.gov.in/hcservices/