Kabilan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7454 of 2017 KABILAN ... PETITIONER/ACCUSED NO.3 Vs STATE THROUGH THE INSPECTOR OF POLICE NADUKAVERI POLICE STATION, THANJAVUR DISTRICT CRIME NO. 125 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.M.KARUNAKARAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A3 in Crime No.125 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 294(b), 324 and 307 IPC and hence, seeks anticipatory bail. 2.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioner submitted that due to previous enmity, the petitioner along with the other accused is alleged to have abused the defacto complainant in filthy language and also attacked him. He would further submit that due to previous enmity, the present false complaint has been lodged by the defacto complainant. The petitioner is innocent. He has not committed any offence as alleged in the complaint. He has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that the injured has been discharged from the hospital and 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, Thiruvaiyaru, Thanjavur 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 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 made ready, failing which, the petition for anticipatory bail shall stand automatically dismissed.

sd/- 19/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THIRUVAIYAUR, THANJAVUR DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, KUMBAKONAM, THANJAVUR DISTRICT. 3 THE INSPECTOR OF POLICE NADUKAVERI POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.M.KARUNAKARAN Advocate SR.No.24461 GCG CSL/RR-BS/SAR-II/22.06.2017: 2P/6C

ORDER

IN CRL OP(MD) No.7454 of 2017 Date :19/06/2017 https://hcservices.ecourts.gov.in/hcservices/