Madasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL OP(MD) No.8506 of 2015 MADASAMY ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE MUTHUKULATHOOR POLICE STATION, RAMNAD DIST, CR.NO.60/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.BALAMURUGAPANDI Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) For Intervenor : MR. JEYAKARTHICK, ADVOCATAE 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 in Crime No.60 of 2015 on the file of respondent police, apprehends arrest for the offences punishable under Sections 341, 294(b), 324 and 506(ii) and 307 of I.P.C, and Hence, the petitioner seeks anticipatory bail.

2. The case of the prosecution is that one Muthusamy lodged a complaint before the respondent Police stating that on 25.04.2015, the petitioner/accused intercepted the defacto complainant, beaten him and made a life threat to him and as a result of that, he sustained injuries.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and due to previous enmity, the defacto complainant lodged a false complaint as against the petitioner herein.

4. The learned Government Advocate (crl. Side), on instructions from the respondent, reported that there is no previous case pending as against the petitioner herein and that the injured has already been discharged from the hospital and the petitioner may be granted anticipatory bail with conditions.

https://hcservices.ecourts.gov.in/hcservices/ 5.This Court has also heard the submissions of the learned counsel for the intervenor/defacto complainant, Mr.M.S.Jayakarthick,

who has raised objection for grant of anticipatory bail to the petitioner.

6.However, on consideration of the above mentioned facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for with conditions, and accordingly;

(a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Muthukulathur within fifteen days from the date of receipt of a copy of this order;

(i) The petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for the like sum to the satisfaction of the learned Judicial Magistrate, Muthukulathur;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) The petitioner shall appear before the learned Judicial Magistrate, Muthukulathur on all working days at 10.30 a.m. Until further orders.

The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 20/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE MUTHUKULATHUR.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE MUTHUKULATHOOR POLICE STATION, RAMNAD DIST.

+1. CC to M/S.D.BALAMURUGAPANDI Advocate SR.No.25971

ORDER

IN CRL OP(MD) No.8506 of 2015 Date :20/05/2015 RG.25.05.2015 2P.6C https://hcservices.ecourts.gov.in/hcservices/