Udaiyar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13835 of 2017 UDAIYAR ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE TIRUNELVELI JUNCTION PALAM POLICE STATION, TIRUNELVELI (CRIME NO.645/17) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK 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 a sole Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of I.P.C., in Crime No.645 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 06.10.2017, at 07.00 p.m., there was a wordy quarrel between the petitioner and the defacto complainant. Thereafter, the petitioner had abused and attacked the de-facto complainant indiscriminately. As a result, the de-facto complainant sustained injuries and admitted in the hospital. On complaint, a case has been registered for the aforesaid offences.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person 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 person was discharged from the hospital.

6.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the injured person was discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner with https://hcservices.ecourts.gov.in/hcservices/

certain conditions. Accordingly, the petitioner is ordered to be 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 No.IV, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties 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) petitioner shall report before the respondent police daily at 10.00 a.m., for a period of three 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 not commit any offence while on bail;

(iv) On breach of any of the aforesaid conditions, the petition for anticipatory bail stands dismissed.

sd/- 12/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mrn/vsg TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE TIRUNELVELI JUNCTION PALAM POLICE STATION, TIRUNELVELI.

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

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.32873 GJM/PM/PN/SAR-I-20.10.2017-2P-6C

ORDER

IN CRL OP(MD) No.13835 of 2017 Date :12/10/2017 https://hcservices.ecourts.gov.in/hcservices/