Arasu@Deepak v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.4547 of 2017 ARASU@DEEPAK ... PETITIONER/ACCUSED A1 Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI, CRIME NO.118/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.MURUGAPPAN Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 323, 324 and 506(ii) IPC in Crime No.118 of 2017 seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused waylaid the de facto complainant, abused in filthy language and also attacked him with deadly weapons. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that there is no serious allegations levelled against the petitioner herein. 4.The learned Government Advocate (Crl.side) appearing for the respondent submitted that totally there are 6 accused and the petitioner is arrayed as A1 in this case. He also submitted that the petitioner along with other accused namely, A2, A3 & A6 have filed a petition for anticipatory bail before this Court in Crl.O.P. (MD)No.1689 of 2017 and this Court by order dated 13.02.2017 dismissed the petition in respect of the petitioner herein observing that the petitioner attacked on the head of the injured with stick. https://hcservices.ecourts.gov.in/hcservices/

He further submitted that injured was discharged from the hospital and as per medical report, he sustained simple injury and A4 & A5 are still absconding.

5.Considering the above facts and circumstances of the case and considering the fact that injured was discharged from the hospital and as per medical report, the injured has sustained simple injury, 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.V, Madurai, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 19/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V,MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION,MADURAI.

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

+1. CC to M/S.R.MURUGAPPAN Advocate SR.No.20656 NBJ CSL/BS/SAR-III/21.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.4547 of 2017 Date :19/04/2017 https://hcservices.ecourts.gov.in/hcservices/