Raj@Raji v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14965 of 2017 RAJ @ RAJI ... PETITIONER /1st ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, AL WARTHIRUNAGARI POLICE STATION, TUTICORIN DISTRICT.

CRIME NO. 174 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK, Advocate For Respondent : M/S.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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(ii) of IPC, in Crime No. 174 of 2017, seeks anticipatory bail.

2.The case of the prosecution is that on 24.10.2017, the defacto complainant questioned the illegal work of the petitioner. Aggrieved by the same, the petitioner attacked the defacto complainant, thereby the defacto complainant sustained injuries and he was admitted in the hospital.

3.The learned counsel for the petitioner submitted that the petitioner is 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 was discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), that the injured was 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, within a period of fifteen days from the date of receipt of a copy of this https://hcservices.ecourts.gov.in/hcservices/

order, before the learned Judicial Magistrate, Srivaikundam, 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 respondent Police daily at 10.00 a.m., for a period of two weeks; (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/- 06/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.

3. THE INSPECTOR OF POLICE, AL WARTHIRUNAGARI POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S.S.R.DURAI RAJ Advocate SR.No.34006

ORDER

IN CRL OP(MD) No.14965 of 2017 Date :06/11/2017 MS/PM-PN/SAR.4/09.11.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/