Mohammed Malik @ Marthandan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14293 of 2017 MOHAMMED MALIK @ MARTHANDAN ... PETITIONER /SOLE ACCUSED Vs THE INSPECTOR OF POLICE KOTTAIPATTINAM POLICE STATION, PUDUKKOTTAI DISTRICT. CRIME NO.114/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SATHYA CHIDAMBARAM 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 sole accused, apprehends arrest at the hands of the respondent police for offences punishable under Sections 294(b), 324 and 506(ii) of I.P.C., in Crime No.114 of 2017, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 14.10.2017 at about 08.00 a.m., the defacto complainant went to the house of the petitioner and during course of discussions there was a wordy quarrel between the defacto complainant and the petitioner. Thereby the defacto complainant was attacked by the petitioner and sustained injuries. Thereafter, the defacto complainant gave a complainant before respondent police against the petitioner.
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.
4. The learned Government Advocate (Crl.side) appearing for the respondent, on instructions, would submit that the injured has been discharged from the hospital.
5. Considering the facts and circumstances of the case and also considering the submissions made by the learned Government Advocate (Crl.side), I am 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aranthangi, Pudukkottai District, on condition that the petitioner https://hcservices.ecourts.gov.in/hcservices/
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) the petitioner shall report before the investigation officer, daily between 10.00 a.m. and 11.00 a.m., for a period of four 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;
(v) 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/- 25/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE ARANTHANGI, PUDUKKOTTAI DISTRICT 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT 3 THE INSPECTOR OF POLICE KOTTAIPATTINAM POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.SATHYA CHIDAMBARAM Advocate SR.No.33280
ORDER
IN CRL OP(MD) No.14293 of 2017 Date :25/10/2017 SM:CM-MSA:SAR 3:30.10.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/