Maduraiveeranan v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1406 of 2017 MADURAIVEERANAN ... PETITIONER/SOLE ACCUSED(A2)RANK Vs STATE REP.BY , THE SUB-INSPECTOR OF POLICE PERIYAKULAM POLICE STATION, THENI DISTRICT CRIME NO.205/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.RATHINAVEL PANDIAN Advocate For Respondent : MR.P.KANDASAMY, 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 A-2, in Crime No.205 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent/State. 3.The case of the prosecution is that due to previous enmity, the accused were said to have attacked the defacto complainant with bricks and caused simply injuries.

4.The learned Government Advocate (Crl. Side) appearing for the respondent on instructions submitted that totally there are two accused in this case. The petitioner herein is arrayed as A.2 and A.1 is still absconding. He has further submitted that the injured had been discharged from the hospital.

5.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence and he has been falsely implicated in this case. https://hcservices.ecourts.gov.in/hcservices/

6.Considering the above facts and circumstances of the case and also considering the fact that the injured had been discharged from the hospital, 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, Periyakulam 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 daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.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 stands dismissed.

sd/- 10/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PERIYAKULAM.

2 THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE SUB-INSPECTOR OF POLICE PERIYAKULAM POLICE STATION,THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.RATHINAVEL PANDIAN Advocate SR.No.7774 PS CSL/BS/SAR-III/15.02.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.1406 of 2017 Date :10/02/2017 https://hcservices.ecourts.gov.in/hcservices/