Shankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9698 of 2016 SHANKAR ... PETITIONER / ACCUSED No.2 Vs State Rep.by THE INSPECTOR OF POLICE TAMIL UNIVERSITY POLICE STATION, THANJAVUR.

CR. NO.149/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.ARUN PRASAD 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.2 , apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341,324 and 506(ii) of IPC @ 341,324, 506(ii) of IPC and 427 of IPC, in Crime No.149 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused attacked the defacto complainant with wooden lock and his hands and also threatened him with dire consequences.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the defacto complainant is a practising Advocate in Thanjavur and foisted a false case against the petitioner and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the injured person had already been discharged from the hospital. 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 https://hcservices.ecourts.gov.in/hcservices/

event of arrest or on his appearance before the learned Judicial Magistrate, Thiruvaiyaru 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 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/- 20/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, KUMBAKONAM AT THANJAVUR 3 THE INSPECTOR OF POLICE TAMIL UNIVERSITY POLICE STATION, THANJAVUR.

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

+1. CC to M/S A.ARUN PRASAD Advocate SR.No.31386 sm:NGM-MP:SAR III:22.06.2016:2P/6c

ORDER

IN CRL OP(MD) No.9698 of 2016 Date :20/06/2016 https://hcservices.ecourts.gov.in/hcservices/