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Madras High CourtCRL OP(MD)/18773/2018ordered

Esakkimuthu@Ragu v. The Inspector Of Police

2018-10-16Honourable Mr Justice C.V. Karthikeyan2 pages

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.18773 of 2018 ESAKKIMUTHU @ RAGU ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE MANOR POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.NOT KNOWN OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.B.JAMEEL ARASU Advocate For Respondent : Mr.S.CHANDRASEKAR, 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 and 506(i) of I.P.C., in Crime No. Not known of 2018, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are close relative and due to family dispute regarding civil nature, there was a wordy quarrel between the petitioner and the defacto complainant's mother and that the petitioner was attacked the defacto complainant's mother with hand and also threatened with dire consequences and also used filthy language against the defacto complainant. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and that the petitioner has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that there was a civil dispute between the petitioner and the defacto complainant.

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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-V, Tirunelveli 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-V, TIRUNELVELI 2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, MANOR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to MR.B.JAMEEL ARASU Advocate SR.No.19895

ORDER

IN CRL OP(MD) No.18773 of 2018 Date :16/10/2018 ksa AE/MMS/SAR4/22.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/