Sakthivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21541 of 2016 SAKTHIVEL ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs THE STATE REP.BY, THE INSPECTOR OF POLICE AVUDAIYARKOVIL POLICE STATION, PUDUKKOTTAI DISTRICT.

CR.NO.NOT KNOWN OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.VENKATESH Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) I.P.C. in Crime No.170 of 2016 on file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that due to previous enmity, the petitioner is alleged to have attacked the defacto complainant, who is none other than the brother-in-law of the petitioner. 4.Learned counsel for the petitioner submitted that the petitioner is innocent and that a false case is foisted against him. 5.Learned Government Advocate (Crl. Side) submitted that the injured has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/ 6.Taking note of the facts and circumstances of the case, as the injured has been discharged from the hospital, I am inclined to

grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aranthangi, subject to the following conditions: (i) 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 Magistrate concerned;

(ii) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iv) the petitioner shall not abscond either during investigation or trial;

(v) on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] sd/- 14/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ARANTHANGI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE,PUDUKOTTAI DISTRICT. 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, AVUDAIYARKOVIL POLICE STATION, PUDUKKOTTAI DISTRICT.

+1. CC to M/S.D.VENKATESH Advocate SR.No.69251.

ORDER

IN CRL OP(MD) No.21541 of 2016 Date :14/11/2016 AM/SK SKN/SAR-I/18.11.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/