Kumar 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.10985 of 2017 KUMAR ... PETITIONER/SOLE ACCUSED Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE KAYATHARU POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO. 303/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.LAKSHMI GOPINATHAN, Advocate for M/S.POLAX LEGAL SOLUTIONS 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, sole accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 435 and 506(ii) of IPC., in Crime No.303 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that due to previous motive, a wordy quarrel between the petitioner and defacto complainant and the petitioner said to have pushed down the defacto complainant and the defacto complainant sustained injury on the left ankle, both elbow, right knee and also right buttock and thereafter set fire to the haystack, worth about Rs.10,000/-.

3. The learned counsel appearing for the petitioner states that the petitioner is innocent and he is not committed any such offence alleged by the respondent police.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that the petitioner herein is arrayed as sole accused in this case. He would further submit that injured was discharged from the hospital and the investigation is still pending.

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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 No.II, Kovilpatti, 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 daily at 10.30 a.m., for a period of three weeks. 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 NO.II,KOVILPATTI, TUTICORIN DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE KAYATHARU POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.POLAX LEGAL SOLUTIONS Advocate SR.No.29267 vsa/pjl CSL/RR-BS/SAR-I/31.08.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.10985 of 2017 Date :23/08/2017 https://hcservices.ecourts.gov.in/hcservices/