Ramesh v. The Inspector Of Police

CRL OP(MD). No.3462 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3462 of 2020 Ramesh ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, Kollencode Police Station, Kanyakumari district.

Crime No.28/2020, ... Respondent/Complainant For Petitioner : M/s.S.Sivakumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.28 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 294(b), 323, 307 and 506(ii) of I.P.C., in Crime No.28 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that the petitioner had hit the victim with an iron rod on his stomach leading to his hospitalization for almost six days.

4. The petitioner's counsel would state that the victim under the influence of alcohol created nuisance in a marriage function and that has been the cause for the occurrence. The petitioner's counsel would state that when the victim was chased away, he had jumped over the wall and fell down and that is how he suffered the injuries in question.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3462 of 2020

5. The petitioner is not having any previous case and there is also no prior motive between the parties. Hence, I am 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 No.II, Kuzhithurai, 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 on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of seven days and thereafter 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 made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 26/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, KOLLENCODE POLICE STATION, KANYAKUMARI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-4143[I] dated 26/02/2020 )

ORDER

IN CRL OP(MD) No.3462 of 2020 Date :26/02/2020 MS/JC/SAR-2/04.03.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2