R. Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15744 of 2017 R. KARTHICK ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT, CR NO. 730/2017. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MAHENDRAPATHY 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/A2, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 427, 506(ii) of IPC., and Section 3 of TNPPDL Act, in Crime No. 730 of 2017, seeks anticipatory bail.

2.The case of the prosecution is that on 11.11.2017, the accused persons consumed alcohol in the public place, which was questioned by the defacto complainant, the petitioner and other accused persons attacked the defacto complaint, thereby, he 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 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), that injured has been 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 No.II, Madurai, 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 10.30 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 themselves 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/- 21/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.S.MAHENDRAPATHY Advocate SR.No.34881 JAM/24/11.17/CM/SAR 3 / 2P-6C ORDERIN CRL OP(MD) No.15744 of 2017 Date :21/11/2017 https://hcservices.ecourts.gov.in/hcservices/