V.Manikandan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13678 of 2017 V.MANIKANDAN ... PETITIONER/ACCUSED No.2 Vs STATE REP.BY, THE INSPECTOR OF POLICE, DEVAKOTTAI POLICE STATION, SIVAGANGAI DISTRICT.
(CRIME NO.183 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.RAMAKRISHNAN, Advocate for M/S.A.ARUNKUMAR Advocate For Respondent : MR.K.ANBARASAN, Government 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 accused No.2, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, and 506(ii) of IPC, in Crime No.183 of 2017, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that due to a wordy quarrel between the petitioner and the defacto complainant regarding the love marriage between the petitioner and the daughter of the defacto complainant's brother, the petitioner attacked the defacto complainant and the same is ended in the present complaint. Based on the complaint, case has been registered for the above said offences. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Due to the wordy quarrel between the petitioner's father and the defacto complainant, the defacto complainant had beaten the petitioner's father and he gave the present false complaint against the petitioner and his father.
4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been discharged from the hospital and the investigation is still pending.
5. Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner https://hcservices.ecourts.gov.in/hcservices/
ordered to be released on bail in theevent 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, Devakkottai, Sivagangai District, 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 report before the investigation officer, daily between 10.00 a.m. and 11.00 a.m., for a period of two weeks and thereafter as and when required;
(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 anticipatory bail granted stands cancelled automatically.
sd/- 10/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, DEVAKKOTTAI, SIVAGANGAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, DEVAKOTTAI POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.A.ARUNKUMAR Advocate SR.No.32484
ORDER
IN CRL OP(MD) No.13678 of 2017 Date :10/10/2017 PK/PM-PN/SAR-2/12.10.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/