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Madras High CourtCRL OP(MD)/16972/2016closed

S. John Bosco v. The Inspector Of Police

2016-09-16Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16972 of 2016 S. JOHN BOSCO ... PETITIONER/ACCUSED RANK NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE DINDIGUL SOUTH POLICE STATION, DINDIGUL,CR NO. 582/2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : M/S.A.P.BALASUBRAMANI,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/A2, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 147, 323, 353 and 506(i) IPC in Crime No.582 of 2016 on the file of the respondent police.

2. The case of the prosecution is that accused attacked the de facto complainant and prevented him from discharging his official duty.

3. Learned counsel for petitioner submitted that this is a case in counter.

4. Learned Government Advocate (Crl. Side) submits that the injured has been discharged from the hospital.

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.III, Dindigul within 15 days from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;

(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

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(iii)the petitioner shall be available for interrogation by the respondent police daily at 10.30 a.m. for one week and thereafter as and when required.

sd/- 16/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, DINDIGUL 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE INSPECTOR OF POLICE DINDIGUL SOUTH POLICE STATION, DINDIGUL.

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

+1. CC to M/S.B.JAMEEL ARASU Advocate SR.No. 52916 JA-SK-SKN-SAR.1/21.09.2016/2P:6C

ORDER

IN CRL OP(MD) No.16972 of 2016 Date :16/09/2016 https://hcservices.ecourts.gov.in/hcservices/