D.Sivakumar 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.18776 of 2018 D.SIVAKUMAR ... PETITIONER/SOLE ACCUSED Vs THE STATE THROUGH, THE INSPECTOR OF POLICE, KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT.

IN CR.NO.197 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.M.LAXMI MAHENDRAA, Advocate For Respondent : Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 & 506 (ii) I.P.C in Crime No.197 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity between the petitioner and the defacto complainant, the petitioner attacked the defacto complainant and threatened him with dire consequences.

3.The learned counsel appearing for the petitioners submitted that the petitioner was falsely implicated in this case and he is an innocent person. He further submitted that a counter case was also registered. Hence, he prays for anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the injured has been discharged from the hospital.

5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on https://hcservices.ecourts.gov.in/hcservices/

bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tiruchendur at Thoothukudi 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 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, TIRUCHENDUR AT THOOTHUKUDI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.M.LAXMI MAHENDRAA Advocate SR.No.19784

ORDER

IN CRL OP(MD) No.18776 of 2018 Date :16/10/2018 PK/RR/SAR-4/23.10.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/