Muthumani, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.24008 of 2016 MUTHUMANI ... PETITIONER/ACCUSED NO.5 Vs THE STATE REP.BY , THE INSPECTOR OF POLICE, MANDAPAM POLICE STATION, MANDAPAM, RAMANATHAPURAM DISTRICT.

CRIME NO.155/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.MUNIASAMY 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 is arrayed as A-4, in Crime No.155 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 307of I.P.C and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned counsel for the petitioner submits that the petitioner herein is arrayed as A-4 in this case and the defacto complainant in this case, in a drunken mood, gave trouble to the public and particularly, the petitioner and others and during that occurrence, the petitioner has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that there are totally four accused in this case and A-1 to A-3 were arrested and A-2 alone was released on bail by the Sessions Court and A-1 and A-2 are still in custody. The petitioner is A-4 and the alleged overt act against the petitioner as per F.I.R is that the petitioner attacked with sword on the hand, leg and cheek of the defacto complainant and https://hcservices.ecourts.gov.in/hcservices/

caused injuries. He further submitted that A-1 alone has attacked with sword on the head of the defacto complainant. He further submitted that the injured was discharged from the hospital. 5.Considering the above facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, 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, Rameswaram, Ramanathapuram 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 learned Judicial Magistrate, Rameshwaram daily at 10.30 a.m., until further orders. 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 12/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,RAMESWARAM, RAMANATHAPURAM DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, MANDAPAM POLICE STATION, MANDAPAM, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.MUNIASAMY Advocate SR.No.2696 PM CSL/SS-3/SAR-I/20.01.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.24008 of 2016 Date :12/01/2017 https://hcservices.ecourts.gov.in/hcservices/