Sundar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11360 of 2017 SUNDAR ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KEELA THOOVAL POLICE STATION, MUDHUKULATHUR TALUK, RAMANATHAPURAM DISTRICT. CRIME NO.58 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.APPADURAI 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 is arrayed as accused apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 147, 294(b) and 506(i) of IPC in Crime No.58 of 2017 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that due to wordy quarrel the petitioner is said to have attacked the de facto complainant and abused him in filthy language.
3.The learned counsel appearing for the petitioner states that the petitioner is the friend of the first accused and however, at the time of alleged occurrence the petitioner participated in the temple festival. The de facto complainant came in a drunken condition and quarrelled with the first accused with prior motive and at that time, the other accused questioned the same. Subsequently, the de facto complainant thrown stones on the petitioner herein and threatened him with dire consequences. In the mean time to escape from clutches of law the de facto complainant wisely lodged a false complaint against the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent on instructions would submit that there are totally 2 named accused and 15 un named accused in this case and the https://hcservices.ecourts.gov.in/hcservices/
petitioner herein is arrayed as A7. He would further state that based on the confession of A1 the petitioner herein is arrayed as A7 and A1 was arrested and remanded to judicial custody and the other accused are still absconding. He further contended that no one has sustained injury in the alleged occurrence.
5. Considering the facts and circumstances of the case and also considering the fact that no one has sustained injury, 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 arrest or on his appearance before the learned Judicial Magistrate, Mudhukulathoor 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 am for a period of three weeks and thereafter, as and when required for interrogation on receipt of summons. 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/- 01/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, MUDHUKULATHOOR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE, KEELA THOOVAL POLICE STATION, MUDHUKULATHUR TALUK, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.K.APPADURAI Advocate SR.No.29776 ORDER IN CRL OP(MD) No.11360 of 2017 Date :01/09/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PN-SAR 3/05.09.2017/2P-6C