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Madras High CourtCRL OP(MD)/8821/2016granted

C.Marnadu, v. The Inspector Of Police,

2016-06-08Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.8821 of 2016 C.MARNADU ... PETITIONER / ACCUSED No.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT CR.NO. 56 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.GOWRISHANKAR 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, who is arrayed as accused No.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323 and 307 I.P.C., in Crime No.56 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 27.04.2015 at about 11.30 a.m., the petitioner attacked the de facto complainant with aruval and five other accused assaulted him by using wooden sticks and the de facto complainant sustained head injury and other injuries. On complaint, case has been registered for the above said offences.

3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

4.It is submitted by the learned Government Advocate (Crl.Side) that the injured person had already been discharged from the hospital.

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5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital, 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, Peraiyur, 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 appear before the respondent police daily at 10.00 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/- 08/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PERAIYUR, MADURAI DISTRICT. 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.GOWRISHANKAR Advocate SR.No.28658 SMN JM/AAL-MPA/SAR-I/09.06.2016/2P-6C

ORDER

IN CRL OP(MD) No.8821 of 2016 Date :08/06/2016 https://hcservices.ecourts.gov.in/hcservices/