← Library
Madras High CourtCRL OP(MD)/18981/2018granted

A. Rajkumar v. The Inspector Of Police

2018-11-08Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.18981 of 2018 A. RAJKUMAR ... PETITIONER/ ACCUSED No. 2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE NAINARKOIL POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO. 96 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.RAMESH Advocate For Respondent : K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who arrayed as A2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 506(ii) and 379(NH) IPC, in Crime No.96 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel between the petitioner and the defacto complainant, the petitioner and others unlawfully assembled and assaulted the defacto complainant and abused him in filthy language. Hence, on complaint a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner states that the petitioner is an innocent and he has not committed any offence, as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the coaccused have already granted anticipatory bail by this Court in Crl.O.P(MD).No.16880 of 2018, on 09.10.2018.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that the petitioner is not having any previous case of similar nature.

https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is not having any previous case in similar nature and that the co-accused have already granted anticipatory bail by this Court, I am 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, Paramakudi, 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 learned Magistrate concerned and on further condition that the petitioner shall report before respondent Police 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/- 08/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE NAINARKOIL POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.M.RAMESH Advocate SR.No.21277

ORDER

IN CRL OP(MD) No.18981 of 2018 Date :08/11/2018 MSI/PN/SAR-II/12.11.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/