Madras High CourtCRL OP(MD)/10076/2017granted

Ponraj v. The Sub Inspector Of Police

2017-08-21Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10076 of 2017 PONRAJ ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE SWAMINATHAPURAM POLICE STATION, PALANI TALUK, DINDIGUL DISTRICT.

CRIME NO.138 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.S.RAMA KRISHNADASS Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 324, 506(ii) of IPC, in Crime No.138 of 2017 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner have attacked on the right side head of the de facto complainant with iron rod and also his left knee.

3. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and he has not assaulted the defacto complainant as alleged by the prosecution. He would further submit that the petitioner and the defacto complainant are adjacent land owners.

4. The learned Additional Public Prosecutor appearing for the respondent on instructions would submit that the petitioner is the sole accused in this case. He would further submit that injured was discharged from the hospital and the investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner https://hcservices.ecourts.gov.in/hcservices/

is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Palani 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 Judicial Magistrate No.II, Madurai respondent police daily at 10.30 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/- 21/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PALANI.

2 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

3 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 4 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 5 THE SUB INSPECTOR OF POLICE, SWAMINATHAPURAM POLICE STATION, PALANI TALUK, DINDIGUL DISTRICT.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.N.S.RAMA KRISHNADASS Advocate SR.No.29031

ORDER

IN CRL OP(MD) No.10076 of 2017 Date :21/08/2017 MKV-CM-MSA-SAR 2/23.8.2017/2P-8C https://hcservices.ecourts.gov.in/hcservices/