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Madras High CourtCRL OP(MD)/15155/2018ordered

K.Dharmaraj, v. The Sub Inspector Of Police

2018-08-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15155 of 2018 K.DHARMARAJ ... PETITIONER / SOLE ACCUSED Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI DISTRICT.

(CRIME .NO.215/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MAHENDRAPATHY Advocate For Respondent : Mr.M.ASOKAN Govt. Advocate ( Crl. Side) 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 447, 294(b), 324 and 506(ii) IPC in Crime No.215 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that on 19.08.2018, when the defacto complainant was in his agricultural field, the petitioner entered into the field and attacked the defacto complainant with iron rod and also abused him with filthy language and threatened him with dire consequences. Due to which the defacto complainant sustained injuries and has taken treatment in the hospital as inpatient. Hence a case has been registered.

3. The learned counsel for the petitioner would submit that a civil dispute is pending between the defacto complainant and the petitioner. There was a wordy quarrel between them due to the dispute and a complaint has been given to the respondent police. As a counter case, the defacto complainant has preferred the present complaint before the same respondent police.

4.The learned Government Advocate(Crl.side) submitted that the defacto complainant has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of this case, 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, Melur, 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 as and when required for interrogation. The petitioner 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/- 30/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE SUB INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.16747 PS/RR/SAR-1:05/09/2018:2P/6C

ORDER

IN CRL OP(MD) No.15155 of 2018 Date :30/08/2018 https://hcservices.ecourts.gov.in/hcservices/