Kamesh, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15824 of 2017 KAMESH ... PETITIONER / 1st ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, SATTUR POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CRIME NO.664 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.VENKATESH Advocate For Respondent : 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 offences punishable under Sections 294(b), 323 and 506(i) of IPC in Crime No.664 of 2017, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 14.11.2017, the petitioner and his friends were proceeding in front of the defacto complainant's car in their two wheelers and at the time, the defacto complainant blew horn asking for way and due to which, a wordy quarrel arose between them and thereby, the petitioner and other accused attacked the defacto complainant. As a result, the defacto complainant sustained injuries and was admitted in the hospital. On complaint, a case has been registered against the petitioner before the respondent police.
3.The learned counsel for the petitioner 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 the submitted that injured was discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/
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 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 No.II, Sattur, 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 appear 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;
(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/- 20/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, SATTUR POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.D.VENKATESH Advocate SR.No.34757
ORDER
IN CRL OP(MD) No.15824 of 2017 Date :20/11/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 2/22.11.2017/2P-6C