Albert James v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.18746 of 2018 ALBERT JAMES ... PETITIONER / ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO. 6 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.R.SREENIVASAN Advocate For Respondent : MR.S.CHANDRASEKARAN, ADDITIONAL PUBLIC PROSECUTOR 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 offences punishable under Section 294(b), 323, 506(i) and 427 of I.P.C., in Crime No. 6 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the defacto complainant and the petitioner along with other accused persons and that the petitioner assaulted the defacto complainant and his party members by hand. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submitted that the case has been registered only on the basis of a false complaint.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that there was a wordy quarrel between the petitioner and the defacto complainant and that no injury was caused in this case.

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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-I, Kuzhithurai 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 conditions 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 dismissed.

sd/- 16/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I KUZHITHURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.M.R.SREENIVASAN Advocate SR.No.19930

ORDER

IN CRL OP(MD) No.18746 of 2018 Date :16/10/2018 MSI/RR/SAR-I/23.10.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/