C.Edward Benjamin v. The Inspector Of Police(Law &

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14628 of 2018 C.EDWARD BENJAMIN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE(LAW & ORDER), SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO. NOT KNOWN OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MOHANDOSS 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 petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 323, 294(B) and 307 I.P.C in Crime No.Not Known of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had married one Amala in the year 2006. When the petitioner living peacefully with his wife and daughter, the defacto complainant's son developed an illicit intimacy with the petitioner's wife. Due to the above said reason, there was a dispute between the petitioner and the defacto complainant. The petitioner assaulted the defacto complainant and sustained injuries. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the injured was admitted in the hospital and after that he was absconding.

https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the facts and circumstances, 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, Sivakasi 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.

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 shall stand dismissed.

sd/- 28/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAKASI.

2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTTUR.

3 THE INSPECTOR OF POLICE(LAW &ORDER), SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.S.MOHANDOSS Advocate SR.No.16237 PS/JC/SAR-1:03/09/2018:2P/6C

ORDER

IN CRL OP(MD) No.14628 of 2018 Date :28/08/2018 https://hcservices.ecourts.gov.in/hcservices/