← Library
Madras High CourtCRL OP(MD)/3888/2017ordered

John Britto, v. The Inspector Of Police,

2017-04-05Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3888 of 2017 JOHN BRITTO ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE, MATHAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.83 OF 2017. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.SEEMARAJ 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 sole accused, in Crime No.83 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 323 and 506(i) IPC and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent / State. 3.The learned counsel for the petitioner submitted that the petitioner is a teacher working in Somasundaram Chettiar Higher Secondary School, Okkur. He is alleged to have attacked the defacto complainant, who is a student, with hands and also threatened him with dire consequences. The petitioner is innocent. He has been falsely implicated in this case. He has not committed any offence as alleged in the complaint.

4.The learned Government Advocate appearing for the respondent / Police submitted that the petitioner is alleged to have attacked the defacto complainant with stone and thereby caused injury on the defacto complainant. 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 No.I, Sivagangai, Sivagangai District 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 once 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/- 05/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,SIVAGANGAI, SIVAGANGAI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, MATHAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.SEEMARAJ Advocate SR.No.19541 GCG CSL/BS/SAR-II/10.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.3888 of 2017 Date :05/04/2017 https://hcservices.ecourts.gov.in/hcservices/