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Madras High CourtCRL OP(MD)/8427/2016granted

S. Kathiresan v. The Inspector Of Police

2016-06-03Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8427 of 2016 S. KATHIRESAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP BY THE INSPECTOR OF POLICE THADIKOMBU POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO. 189/2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.SUKUMAR Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 C.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(ii) of IPC, in Crime No.189 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that due to quarrel between the petitioner and defacto complainant, during the temple festival, the petitioner scolded the defacto complainant and attacked her.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is a Poojari of the temple and at the time of worship deity, the dispute arose for giving first honour, due to that motive, a false case has been registered against the petitioner and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the investigation of the case is pending.

5.Considering the facts and circumstances of the 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 https://hcservices.ecourts.gov.in/hcservices/

the learned Judicial Magistrate-II, Dindigul 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 appear before the respondent police daily at 10.00 a.m., for a period of two weeks and thereafter, as and when required for interrogation. 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/- 03/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,DINDIGUL 2 THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL 3 THE INSPECTOR OF POLICE THADIKOMBU POLICE STATION,DINDIGUL DISTRICT.

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

+1. CC to M/S S.SUKUMAR Advocate SR.No.27853

ORDER

IN CRL OP(MD) No.8427 of 2016 Date :03/06/2016 AA/DB/SAR-II/07.06.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/