Siva Kumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14595 of 2018 1 SIVA KUMAR 2 MATHAN ... PETITIONER / ACCUSED NO.1&2 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, KOTTAR POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO. 319 OF 2018) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.G.V.VAIRAM SANTHOSH Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 323 and 307 I.P.C. in Crime No.319 of 2018, seek anticipatory bail. 2.The case of the prosecution is that due to wordy quarrel between the petitioners and the defacto complainant, the petitioners attacked the defacto complainant with deadly weapons, thereby, the defacto complainant sustained injuries. Hence, the complaint. 3.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they did not commit any offence as alleged by the prosecution. They have been falsely implicated in this case. Hence, he prays for anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the injured has been discharged from the hospital.

5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Kanniyakumari District and on https://hcservices.ecourts.gov.in/hcservices/

their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners 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/- 20/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MSA TO THE JUDICIAL MAGISTRATE NO-II, KANNIYAKUMARI DISTRICT.

THE CHIEF JUDICIAL MAGISTRAGE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE SUB INSPECTOR OF POLICE KOTTAR POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.G.V.VAIRAM SANTHOSH Advocate SR.No.15842 PS/JC/SAR-4:23/08/2018:2P/6C

ORDER

IN CRL OP(MD) No.14595 of 2018 Date :20/08/2018 https://hcservices.ecourts.gov.in/hcservices/