K.Chokkar, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8567 of 2017 1 K.CHOKKAR, 2 C.CHITRA, (R2 DELETED AS PER ORDER OF THIS COURT MADE IN CRL OP(MD).NO.8567/2017 DATED.07.07.2017 BY AMBAJ) ... PETITIONER / ACCUSED Vs THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK P.S., MADURAI DISTRICT.
(CRIME NO.207 OF 2017) ... RESPONDENT For Petitioner : M/S.B.VINOTH BALAN 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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 457, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.207 of 2017, seeks anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel in respect of fetching water between the de facto complainant and the accused, due to which, the accused herein is said to have attacked the de facto compliant with stick and caused injuries.
3. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and there is no previous antecedents against him and his name has been falsely implicated in this case.
4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that the petitioner herein is the sole accused in this case and the injured was discharged from the hospital and the investigation is still pending. https://hcservices.ecourts.gov.in/hcservices/
5. Considering the above facts and circumstances of the case and also considering the fact that injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Thirumangalam, on condition that 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 learned Magistrate concerned and on further condition that the petitioner shall report before respondent Police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.
7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 02/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK P.S., MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.B.VINOTH BALAN Advocate SR.No.28042
ORDER
IN CRL OP(MD) No.8567 of 2017 Date :02/08/2017 SM:CM-MSA:SAR I:4.8.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/