P.Jayaprakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3693 of 2017 P.JAYAPRAKASH ... PETITIONER / ACCUSED-1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE PARTHIBANOOR POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME NO.89/2017) ... RESPONDENT For Petitioner : M/S.R.MURALI 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 A1 in Crime No.89 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324, 427 and 506(ii) IPC 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 learned counsel for the petitioner submitted that the defacto complainant and the petitioner are brothers. Due to family dispute, the petitioner along with the other accused is alleged to have attacked the defacto complainant and caused injuries. Due to previous enmity, the present false complaint has been lodged. He is innocent. He has not committed any offence as alleged in the complaint. Though this Court granted interim anticipatory bail order on 28.03.2017, due to unavoidable circumstances, the petitioner could not execute sureties. Now, he is in a position to execute sureties.

4.The learned Government Advocate appearing for the respondent / Police submitted that the injured has been discharged from the hospital. The investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, 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, Paramakudi 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 respondent police as and when required 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 21/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, GCG Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE,PARAMAKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, PARTHIBANOOR POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.R.MURALI Advocate SR.No.20858 CSL/BS/SAR-2-25.4.17-2P-6C

ORDER

IN CRL OP(MD) No.3693 of 2017 Date :21/04/2017 https://hcservices.ecourts.gov.in/hcservices/