Asoke, S/O Arjunan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17210 of 2016 ASOKE ... PETITIONER/ACCUSED NO.I Vs THE STATE OF TAMILNADU REP.BY THE INSPECTOR OF POLICE, PUTHUKADAI POLICE STATION, KANYAKUMARI DISTRICT CRIME NO. 259 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.K.M.APPAJI Advocate For Respondent : MR.K.V.RAJARAJAN, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b), 323, 324, 307 and 506(ii) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act in Crime No.259 of 2016 on the file of the respondent police.

2. The case of the prosecution is that while the defacto complainant was celebrating a function, the petitioner and three others attacked the defacto complainant, his wife and four guests with iron rod and abused them with filthy language and caused injuries.

3. Learned counsel for petitioner submits that the petitioner is nothing to do with the alleged offence.

4. Learned Government Advocate (Crl.Side)submits that investigation stands completed and charge sheet has been filed.

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.II, Kuzhithurai, 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;

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(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;

(iii)the petitioner shall appear before the respondent police for a period of two weeks and thereafter as and when required. sd/- 14/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,KUZHITHURAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, PUTHUKADAI POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.K.M.APPAJI Advocate SR.No.51907 CM CSL/CK/SAR-III/19.09.2016: 2P/6C

ORDER

IN CRL OP(MD) No.17210 of 2016 Date :14/09/2016 https://hcservices.ecourts.gov.in/hcservices/