Karthik Raja, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15437 of 2017 KARTHIK RAJA ... PETITIONER / ACCUSED No.1 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, KARUPPAYOORANI POLICE STATION, MADURAI DISTRICT.
IN CR.NO.434 OF 2017. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.MATHAVASELVAM 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 Accused No.I, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 324, 506(ii) and 379 of I.P.C., in Crime No.434 of 2017, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that due to previous enmity, the petitioner kidnapped the defacto complainant by using a car and also attacked him. Thereby, the defacto complainant lodged a complaint before the respondent police.
3.The learned counsel for the petitioner submitted that the defacto complainant cheated many people and the petitioner is one among them and the same was questioned by the petitioner and hence, a false case has been foisted against the petitioner. He further submitted that the petitioner is an innocent 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.
5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal Side), I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/
petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, Madurai, 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) the petitioner shall report before the respondent police, 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 abscond either during investigation or trial;
(v) the petitioner shall not commit any offence while on bail;
(vi) 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/- 15/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE, KARUPPAYOORANI POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI JAM/23/11.17/CM-VR/SAR 3/ 2P-5C
ORDER
IN CRL OP(MD) No.15437 of 2017 Date :15/11/2017 https://hcservices.ecourts.gov.in/hcservices/