Petchi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of May Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.7842 of 2018 PETCHI ... PETITIONER / 4th ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, TUTICORIN DISTRICT.

CRIME NO.116/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.AJAY KOSE Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU Government 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 under Sections 294(b), 324, 307 and 506(ii) of IPC., in Crime No.116 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that petitioner and other accused abused the defacto complainant through phone and thereafter, they went to the house of the defacto complainant and assaulted him with deadly weapon, thereby, the defacto-complainant sustained injury and lodged a complaint against the petitioner before the respondent police.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been falsely implicated in this case.

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

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5.Considering the facts and circumstances of the case and taking note of the fact that injured has been discharged from the hospital, this Court is inclined to grant the relief of anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Magistrate concerned within a period of 10 days from the date of receipt of a copy of this order, 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 Judicial MagistrateIII, Tuticorin, or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m for two weeks and thereafter, as and when required for interrogation.

sd/- 16/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.III, TUTICORIN.

2.DO THRO' THE CHIEF JUDICIAL MAGISTRATE , TUTICORIN DISTRICT.

3.THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S.C.AJAY KOSE, Advocate SR.No.8530

ORDER

IN CRL OP(MD) No.7842 of 2018 Date :16/05/2018 AE/DD/GSR/21.05.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/