M.Raguman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6579 of 2016 M.RAGUMAN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

CR. NO.124/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S B.JEYAKUMAR Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b),324 and 307 IPC, in Crime No.124 of 2016 on the file of the respondent police, seeks anticipatory bail.

2.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. He further submitted that the petitioner has completed his M.Sc., graduation and he is searching for job in the Government sector. He further submitted that while the petitioner passing street, the defacto complainant and his friends demanded money, and as it was refused, the petitioner was attacked by them and A-2 and A-3, who were standing in the nearby scene of occurrence, have come to rescue the petitioner, where there was a free fight among them by using hands, in which, the defacto complainant sustained simple injury. The case projected by the prosecution is false one and the injury is also simple in nature. It is also submitted that the injured was discharged from the hospital.

3. The learned Additional Public Prosecutor produced a copy of the First Information Report and contended that the investigation is pending in this case and hence, he prays for dismissal of this petition.

4. Considering the nature of allegations levelled against the petitioner and also considering the fact that the injured sustained only simple injury and he was also discharged from the hospital, this Court is inclined to enlarge the petitioner on anticipatory bail subject to certain conditions.

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5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vadipatti, Madurai District, and on 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 stay at Virudhunagar and appear before the learned Judicial Magistrate No.I, Virudhunagar, on all working days 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/- 21/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE JUDICIAL MAGISTRATE NO.1, VIRUDHUNAGAR @ SRIVILLIPUTHUR.

4 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT.

5 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

6 THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

+1. CC to M/S B.JEYAKUMAR Advocate SR.No.22537

ORDER

IN CRL OP(MD) No.6579 of 2016 Date :21/04/2016 AM/NGM.SS/SAR-I/25.04.2016/2P/8C https://hcservices.ecourts.gov.in/hcservices/