Mari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13493 of 2017 MARI ... PETITIONER/ACCUSED No.1 Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMANADHAPURAM DISTRICT.

CRIME NO.220/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.SENTHIL Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A1, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) IPC, in Crime No.220 of 2017, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner constructed a new house, for which, he purchased the bricks from chambers and at the time of unloading the bricks from the lorry, the de-facto complainant prevented to unload the bricks, due to which, the petitioner and another attacked the de-facto complainant and caused injuries.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that the injured has been discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the injured has been discharged from the hospital, I am 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall appear before the investigating Officer daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not commit any offence while on bail; (iv) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law and the bail granted stands cancelled automatically.

sd/- 05/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMANADHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.SENTHIL Advocate SR.No.32142

ORDER

IN CRL OP(MD) No.13493 of 2017 Date :05/10/2017 SMA/RR-BS/SAR-1/10.10.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/