Ajin v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11007 of 2018 AJIN ... PETITIONER/ACCUSED No.2 Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE, KOLLAMCODE POLICE STATION, KANYAKUMARI DISTRICT.

CR NO.102 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.M.R.SREENIVASAN, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused No.2, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 324, 506(ii) of IPC and Section 4 of Prevention of Women Harassment Act, in Crime No.102 of 2018, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.This Court had dismissed the anticipatory bail application of the petitioner on the earlier occasion taking into account the overt act attributed against him. Now, the learned counsel for the petitioner submits that the petitioner is none other than the brother-in-law of the victim and out of provocation the incident had happened.

4.The learned Government Advocate (Crl. Side) submits that the injured in this case has been discharged from the hospital. 5.Therefore, taking into account of the change of circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner https://hcservices.ecourts.gov.in/hcservices/

is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Kuzhithurai 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/- 03/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUZHITHURAI, KANYAKUMARI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE SUB INSPECTOR OF POLICE, KOLLAMCODE POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.M.R.SREENIVASAN, Advocate SR.No.12007

ORDER

IN CRL OP(MD) No.11007 of 2018 Date :03/07/2018 PK/RR/VK/06.07.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/