Madras High CourtCRL OP(MD)/1052/2017granted

Rajesh v. The Inspector Of Police

2017-02-03Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1052 of 2017 RAJESH ... PETITIONER / ACCUSED [SINGLE] Vs THE STATE REP.BY THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT (CRIME NO.22 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ANAND, Advocate For Respondent : MR.P.KANDASAMY, Government 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, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(ii) of I.P.C., in Crime No.22 of 2017 on the file of the respondent police and hence, seeks anticipatory bail.

2. The learned Government Advocate (Crl.side) states that the petitioner herein is the sole accused in this case and there is a land dispute between the de-facto complainant and the petitioner herein and the injured has been discharged from the hospital.

3. The case of the prosecution is that the petitioner said to have attacked the de-facto complainant with wooden log and caused injuries to him.

4. The learned counsel for the petitioner states that the entire occurrence is false and in fact, for the purpose of preempting the petitioner from getting the house of his father.

5. Considering the above facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, 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 his arrest or on his appearance before the learned Judicial Magistrate, Valliyoor, https://hcservices.ecourts.gov.in/hcservices/

Tirunelveli District 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of three weeks and thereafter as and when required for interrogation. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 03/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3 THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT.

4 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ANAND, Advocate SR.No.6485.

ORDER IN CRL OP(MD) No.1052 of 2017 Date :03/02/2017 am-rsk/sar3/13.02.17/p2/6c https://hcservices.ecourts.gov.in/hcservices/