Madras High CourtCRL OP(MD)/13339/2018partly allowed

Jeyaprakash v. The Sub Inspector Of Police

2018-07-30Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13339 of 2018 1 JEYAPRAKASH 2 KANNAIAN ... PETITIONERS/ACCUSED Vs THE SUB INSPECTOR OF POLICE THURAIYUR POLICE STATION, TRICHY DISTRICT.

CR NO.163 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : Mr.D.SHANMUGARAJA SETHUPATHI, Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) I.P.C, in Crime No.163 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal side) appearing for the respondent.

3.This Court went through the contents of the First Information Report. The first petitioner is said to have hit the defacto complainant's head. Hence, the defacto complainant is still in hospital for the last 20 days. The first petitioner is also having one previous case to his credit. Taking note of serious allegation made against the first petitioner, this Court is not inclined to grant anticipatory bail. Accordingly, this Criminal Original Petition is dismissed in respect of the first petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4.Taking note of the facts and circumstances, this Court in inclined to grant anticipatory bail to the second petitioner.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thuraiyur, Trichy District 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. 5.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/- 30/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE SUB INSPECTOR OF POLICE, THURAIYUR POLICE STATION, TRICHY DISTRICT.

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

+1. CC to MR.D.SHANMUGARAJA SETHUPATHI, Advocate SR.No.14444

ORDER

IN CRL OP(MD) No.13339 of 2018 Date :30/07/2018 PK/RR/SAR-4/02.08.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/