← Library
Madras High CourtCRL OP(MD)/19034/2016ordered

Selvakumar v. The Sub Inspector Of Police,

2016-10-03Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.19034 of 2016 SELVAKUMAR ... PETITIONER/ACCUSED No.1 Vs THE SUB INSPECTOR OF POLICE, BOOTHAPANDY POLICE STATION, KANYAKUMARI DISTRICT CRIME NO.347 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.CHRISTOPHER 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 294(b), 332 and 506(ii) IPC, in Crime No.347 of 2015, on the file of the respondent police, seeks anticipatory bail.

2. The Case of the prosecution is that the petitioner and his wife slapped the informant, while he is discharging his official duty, on his cheek and pushed him down and they also threatened him with dire consequences. The occurrence is said to have taken place on 28.10.2015.

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

4. The learned Government Advocate (Criminal Side) submitted that the matter is pending without any enquiry. 5.Since the matter is pending from the year 2015, without any progress, the concerned Investigation Officer is directed to investigate the matter and file the charge-sheet, within a period of one month from the date of receipt of a copy of this order. Further, considering the facts and circumstances of the case, I am inclined https://hcservices.ecourts.gov.in/hcservices/

to grant anticipatory bail to the petitioner with the following condition. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Bhoothapandy, within a week from the date on which the order copy made ready, and on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty 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 in order to co-operate with the investigation shall appear before the respondent police daily at 10. a.m. till the charge sheet is filed. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

sd/- 03/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to M/S.C.CHRISTOPHER Advocate SR.No.58507

ORDER

IN CRL OP(MD) No.19034 of 2016 Date :03/10/2016 jikr SH/CK/SAR-II:05.10.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/