← Library
Madras High CourtCRL OP(MD)/5665/2018granted

Siva Chandru, v. The Inspector Of Police,

2018-04-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5665 of 2018 SIVA CHANDRU, ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, THEVARAM POLICE STATION, THENI DISTRICT.

(CR.NO.42/2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.PAUL MURUGESH Advocate For Respondent : MR.A.ROBINSON, Government 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 294(b) and 506(i) of IPC and Section 4 of TNWH Act, in Crime No.42 of 2018, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity there was a wordy quarrel between the petitioner and the defacto complainant and that the petitioner has assaulted the defacto complainant. Hence, the case has been registered for the above said offences.

3.It is submitted by the learned counsel for the petitioner is that the petitioner is innocent and the petitioner has been falsely implicated in this case and that there is no way connected with the alleged offence and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Criminal side) has opposed grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Bodinayakkanur, Theni District and 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/- 11/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE BODINAYAKKANUR, THENI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE, THEVARAM POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.S.PAUL MURUGESH Advocate SR.No.6013 KSA GJM/PN/RNB/17.4.18-2P-6C

ORDER

IN CRL OP(MD) No.5665 of 2018 Date :11/04/2018 https://hcservices.ecourts.gov.in/hcservices/