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Madras High CourtCRL OP(MD)/19048/2018ordered

Oyi @ Arun v. The Inspector Of Police

2018-10-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19048 of 2018 OYI @ ARUN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, THIRUPUVANAM POLICE STATION, THIRUPUVANAM, SIVAGANGAI DISTRICT.

IN CRIME NO.261/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.T.INDRACHITHU, Advocate. For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor. 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), 307, 506 (ii) 392, 397 I.P.C, in Crime No.261 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is seller in Tasmac shop. There was a dispute between the petitioner and the other accused with regard to the balance amount after purchasing alcohols from the shop. Due to which, the petitioner and the other accused assaulted the defacto complainant with weapon. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the injured has been discharged from the hospital. There was no specific over tact as against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.

4.Heard the learned Additional Public Prosecutor for the respondent.

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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 bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Manamadurai, Sivagangai 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.am., for a period of two weeks thereafter, as and when required for interrogation. The petitioners 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/- 26/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3.THE INSPECTOR OF POLICE THIRUPUVANAM POLICE STATION, THIRUPUVANAM, SIVAGANGAI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.T.INDRACHITHU Advocate SR.No.20346.

ORDER

IN CRL OP(MD) No.19048 of 2018 Date :26/10/2018 RAM/JC/SAR 1/01.11.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/