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Madras High CourtCRL OP(MD)/17063/2016ordered

Siva @ Sivakumar v. The Inspector Of Police

2016-09-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17063 of 2016 SIVA @ SIVAKUMAR ... PETITIONER/ 1st ACCUSED Vs THE STATE BY THE INSPECTOR OF POLICE SOMANATHAPURAM POLICE STATION, SIVAGANGAI DISTRICT (Crime No.81 of 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.VENKATESH Advocate For Respondent : Mr.A.P.BALASUBRAMANI,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 the alleged offences punishable under Sections 294(b), 324 and 506(ii) IPC in Crime No.81 of 2016 on the file of the respondent Police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner abused the de facto complainant in filthy language and attacked him with weapons and threatened with dire consequences. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police would submit that injured person has been discharged from the hospital.

5.Considering the facts and circumstances of the case, this https://hcservices.ecourts.gov.in/hcservices/ 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, Karaikudi, and on 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 daily at 10.00 a.m. for a period of two weeks and thereafter, as and when required. 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/- 12/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE KARAIKUDI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE SOMANATHAPURAM POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.VENKATESH Advocate SR.No.51596

ORDER

IN CRL OP(MD) No.17063 of 2016 Date :12/09/2016 nbj SH/PV/SAR-III:20.09.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/