Mohammed Yasar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3382 of 2017 MOHAMMED YASAR ... PETITIONER/ ACCUSED NO.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT CRIME NO.334/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.KARTHIKUMAR Advocate For Respondent : MRS.S.PRABHA 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 A-3, in Crime No.334 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 341, 342 and 302 of I.P.C and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent/State. 3.The case of the prosecution is that due to previous enmity, on 17.07.2016, when the deceased came in a motor cycle to pick up the defacto complainant, the petitioner along with other accused restrained the deceased and attacked him with stones. 4.The learned counsel appearing for the petitioner states that the petitioner is innocent and he has nothing to do with the alleged occurrence.

5.The learned Government Advocate (Crl. Side) on instructions would submit that the investigation has been completed and charge sheet has been filed and the same was taken on file in P.R.C.No.07 of 2017 by the learned Judicial Magistrate, Pattukottai. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the fact that the investigation has been completed and charge sheet has been filed, 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 before the learned Judicial Magistrate, Pattukottai and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the concerned Magistrate on receipt of summons. 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT. 3 THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.A.KARTHIKUMAR Advocate SR.No.17529

ORDER

IN CRL OP(MD) No.3382 of 2017 Date :23/03/2017 MKV-CM-MSA-SAR 3/24.3.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/