Madras High CourtCRL OP(MD)/20070/2018granted

Saranraj v. The Sub Inspector Of Police

2018-11-08Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of November Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20070 of 2018 SARANRAJ ... PETITIONER / ACCUSED NO.2 Vs STATE REPRESENTED BY, THE SUB INSPECTOR OF POLICE S.S. KOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.62 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.JEGADEESH PANDIAN Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Govt.Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who arrayed as A2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC, in Crime No.62 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that petitioner's mother one Chandra is a mentally disabled person. The defacto complainant, who had seen the said Chandra near the crusher, had taken her to her house, due to which, to the petitioner and son in law of said Chandra viz., A1 attacked the defacto complainant with stones and wooden logs and threatened him with dire consequences. Hence, on complaint a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and he has not committed any offence, as alleged by the prosecution and his name has been falsely implicated in this case.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that the injured was discharged from the hospital and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Thiruppathur, Sivagangai District, on condition that the petitioner shall execute 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 report before respondent Police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 08/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUPPATHUR, SIVAGANGAI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVANGAGAI.

3.THE SUB INSPECTOR OF POLICE S.S. KOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to Mr.M.JEGADEESH PANDIAN, Advocate, SR.No.21383.

ORDER

IN CRL OP(MD) No.20070 of 2018 Date :08/11/2018 RAM/RR/SAR 2/14.11.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/