N.S. Karthikeyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1758 of 2017 N.S. KARTHIKEYAN ... PETITIONER/ACCUSED 2 Vs STATE BY THE INSPECTOR OF POLICE CANTONMENT POLICE STATION, TRICHY, CRIME NO.54/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. P.BALAMURUGAN Advocate For Respondent : MR.P.KANDASAMY, Govt. 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 offence punishable under Sections 147, 323, 324, 347 and 363 of IPC., altered into Sections 147, 323, 324, 347, 392, 452, 363 and 506(ii) of IPC., in Crime No.54 of 2016, seeks anticipatory bail.
2. The learned counsel appearing for the petitioner states that the petitioner is a student studying in BBA in Amity University in Chennai. He would further submit that A3 and A4 were granted anticipatory bail by this Court in Crl.O.P(MD)No.23363 of 2016 and the petitioner herein is an innocent and he has not committed any offence, as alleged by the prosecution and the petitioner has been falsely implicated in this case.
3. The learned Government Advocate (crl.side) appearing for the respondent states that totally there are two named accused and six others. Earlier, the case was registered as 'Man Missing', and thereafter altered into Sections 147, 323, 324, 347, 392, 452, 363 and 506(ii) of IPC., and after securing the victim, who is the father in this case, the said Sections were altered into Sections 147, 323, 324, 347, 453, 363 and 506(ii) of IPC., He would further contend that unnamed six other accused said to have attacked the defacto complainant with wooden log and caused injuries and the injured has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/
4. Considering the above facts and circumstances of the case and also considering the facts that the injured has been discharged from the hospital and the co-accused had already been granted anticipatory bail by this Court and the victim has been secured, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the learned Judicial Magistrate No.II, Tiruchirappalli, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent Police weekly once ie., every Sunday at 10.30 a.m., until further orders, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.
6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 17/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II,TIRUCHIRAPPALLI. 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3 THE INSPECTOR OF POLICE CANTONMENT POLICE STATION, TRICHY.
4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. P.BALAMURUGAN Advocate SR.No.9133 MPK CSL/PM-PN/SAR-II/22.02.2017 : 2P/6C
ORDER
IN CRL OP(MD) No.1758 of 2017 Date :17/02/2017 https://hcservices.ecourts.gov.in/hcservices/