S.Nirmal, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23041 of 2016 S.NIRMAL, ... PETITIONER / ACCUSED NO.2 Vs THE SATE REP.BY THE INSPECTOR OF POLICE, UTHUMALAI POLICE STATION, TIRUNELVELI DISTRICT, IN CR.NO.180/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.R.PONNUTHAI Advocate For Respondent : MR.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 147, 148, 323, 324 and 506(ii) of IPC., in Crime No.180 of 2016, seek anticipatory bail.

2. The case of the prosecution is that the petitioner, who is arrayed as A2, along with other accused, assaulted the defacto complainant with stickle and caused injuries to him.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence, as alleged by the prosecution and he has been falsely implicated in this case and pray for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (crl.side) submitted that totally five accused, 2 named and 3 unnamed accused. The petitioner is A2. He would further submit that A2 granted bail by the Court of Sessions, Tirunelvely and the injured has been discharged from the hospital.

5. Taking into consideration the gravity of offences alleged against the petitioner and also taking into consideration of the fact that the co-accused/A1 had already been granted the relief of https://hcservices.ecourts.gov.in/hcservices/

bail by the Court of Sessions, Tirunelveli, I am inclined to grant anticipatory bail to him, 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, Tenkasi, Tirunelveli, 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 the respondent police daily at 10.00 a.m. for a period of four weeks and thereafter, as and when required, for interrogation. The petitioner shall comply with the condition 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 07/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE TENKSI, TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, UTHUMALAI POLICE STATION, TIRUNELVELI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.C.R.PONNUTHAI Advocate SR.No.79716 GJM/SS2/SAR-I-8.12.16-2P-6C

ORDER

IN CRL OP(MD) No.23041 of 2016 Date :07/12/2016 https://hcservices.ecourts.gov.in/hcservices/