Kuttuvam Rajan @ Arul Rajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5342 of 2018 KUTTUVAM RAJAN @ ARUL RAJAN ... PETITIONER/ACCUSED No.1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ARALVAIMOZHI POLICE STATION, KANYAKUMARI DISTRICT IN CRIME NO.78/2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.R.ANBARASU Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 447, 323 and 506(i) IPC, in Crime No.78 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the de-facto complainant has been working in MPM Msand Company as Security Officer for the past 8 months. On 26.03.2018 at 4 a.m., when he was on duty, the accused persons suddenly entered into the company and assaulted the de-facto complainant and also abused him in filthy language. On complaint, a case has been registered against the petitioner. 3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and prays for bail in favour of the petitioner.

4.It is submitted by the learned Government Advocate (Criminal side) that the injured person had already been discharged from the hospital and there is no previous case registered against the petitioner.

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5.Taking note of the above said facts and circumstances, 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, Boothapandy, Kanyakumari 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 on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 06/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, BOOTHAPANDY, KANYAKUMARI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE ARALVAIMOZHI POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.R.ANBARASU Advocate SR.No.5579

ORDER

IN CRL OP(MD) No.5342 of 2018 Date :06/04/2018 SMA/PN/SAR-3/10.04.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/