M. Sathish Kumar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22931 of 2018 M. SATHISH KUMAR, ... PETITIONER / ACCUSED No.11 Vs THE STATE OF TAMIL NADU, REP.BY ITS INSPECTOR OF POLICE, SELLUR LAW AND ORDER POLICE STATION, MADURAI CITY.

(CRIME NO.1302 OF 2018) ... RESPONDENT For Petitioner : MR.P.VIJAYARAGAVAN Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) 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 alleged offence punishable under Sections 341, 307, 302 and 212 of I.P.C in Crime No.1302 of 2018 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on the date of occurrence, the brother of the defacto complainant was attacked by the accused persons and when the defacto complainant tried to save his brother, he was also attacked by them.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Criminal Side] for the respondent State.

4. According to the petitioner, the petitioner is no way connected with the alleged occurrence and he has been falsely implicated in this case.

5. The learned Government Advocate [Criminal Side] opposes the grant of Anticipatory Bail stating that totally there are eleven accused in this case. The petitioner is arrayed as A-11. The allegation against him is that he harboured the other accused. He further submitted that except A-10, all the other accused have been either arrested or surrendered before the Court below and the investigation is almost completed and they are awaiting for medical report.

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6. Considering the facts and circumstances of the case and also taking into consideration the overt act attributed against the petitioner and the fact that the investigation in this case is almost completed and medical report is only awaited, this Court is inclined to grant Anticipatory Bail to the 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 No.II, Madurai and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily twice ie., at 10.30 a.m., and 5.30 p.m., until further orders. 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 made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, SELLUR LAW AND ORDER POLICE STATION, MADURAI CITY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to MR.P.VIJAYARAGAVAN Advocate SR.No.24048

ORDER

IN CRL OP(MD) No.22931 of 2018 Date :27/12/2018 AE/VR/SAR4/02.01.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/