Ayyanar,S/O.Periaramasamy, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10970 of 2017 AYYANAR ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ODAIPATTI POLICE STATION, THENI DISTRICT.

CRIME NO.155 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.JEGADEESH PANDIAN 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 arrayed as accused No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324, 506(ii) and 307 of IPC., in Crime No.155 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that the there was motive between the defacto complainant and the petitioner's family, on the date of occurrence, the petitioner herein said to have pushed down the defacto complainant and attacked with grinder stone on the neck and body of the defacto complainant and caused injuries.

3. The learned counsel appearing for the petitioner states that the petitioner is working as a S.W.R. in Indian Army, in fact while at the time of occurrence, he worked in Yongdi, North Sikkim near border. The present complaint is false one by implicating the brothers as accused. A1 was granted anticipatory bail by this Court as per order, dated 16.08.2017 made in Crl.O.P(MD)No.9805 of 2017.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally two named accused in this case and the petitioner herein arrayed as A2. He would further submit that injured was discharged form the https://hcservices.ecourts.gov.in/hcservices/

hospital and the investigation is still pending.

5. Considering the above facts and circumstances of the case and also considering the fact that injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Uthamapalayam, Theni District, on condition that the petitioner shall execute 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 respondent police or the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before respondent Police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.

7. 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/- 23/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,UTHAMAPALAYAM, THENI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, ODAIPATTI POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.M.JEGADEESH PANDIAN Advocate SR.No.29273 VSA/PJL CSL/RR-BS/SAR-I/30.08.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.10970 of 2017 Date :23/08/2017 https://hcservices.ecourts.gov.in/hcservices/