Madras High CourtCRL OP(MD)/15579/2017granted

Sajin v. The Inspector Of Police

2017-11-15Honourable Mr Justice M.Dhandapani2 pages

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.15579 of 2017 SAJIN ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

CR NO. 484/2017. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.R.SREENIVASAN Advocate For Respondent : MR.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 is arrayed as accused No.1, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No. 484 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is studying in second year Diploma in Civil Engineering in Immanuel Arasar Engineering College, Edavilagam, Marthandam. On 03.11.2017 the petitioner herein attacked his senior, who is studying third year in the same college and caused simple injuries. Thereby, the senior student filed a complaint against the petitioner before the respondent police.

3.The learned counsel for the petitioner submitted that the petitioner did not commit any offence as alleged by the prosecution.

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been 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), 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.I, Kuzhithurai, 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 investigation officer as and when required for interrogation on receipt of summon; (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iii) 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/- 15/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CP/TA TO 1 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.M.R.SREENIVASAN Advocate SR.No.34513 GJM/RR/SAR-3-20.11.2017-2P-6C

ORDER

IN CRL OP(MD) No.15579 of 2017 Date :15/11/2017 https://hcservices.ecourts.gov.in/hcservices/