Madras High CourtCRL OP(MD)/22967/2018ordered

Sabarikumar v. The Inspector Of Police

2018-12-27Honourable Mr Justice B.Pugalendhi2 pages

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.22967 of 2018 SABARIKUMAR ... PETITIONER / ACCUSED No. 4 Vs THE INSPECTOR OF POLICE KEERAITHURAI POLICE STATION, MADURAI DISTRICT Crime No.1116/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.J.CHAKKARAVARTHY 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 294(b), 324, 323 and 506(ii) I.P.C in Crime No.1116 of 2018 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused No.1 to 3 have attacked the de-facto complainant and abused him with filthy language and also criminally intimidated him. Thereby he sustained injuries. Hence, the complaint.

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

4. According to the petitioner, the petitioner made a complaint against the de-facto complainant and a case has been registered in Crime No.1117 of 2018, for the offence punishable under Sections 294 (b), 324, 323 and 506(ii) of IPC, before the respondent police. It is a case of case in counter. He further submitted that he is an innocent and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case.

5. The learned Government Advocate [Criminal side] for the respondent submitted that the injured has been treated as out patient.

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6. Considering the facts and circumstances of the case and also considering the fact that this is case in counter and the injured has been treated as out patient, 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.IV, Madurai and on his 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 Judicial Magistrate No.IV, Madurai concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30.am., 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 IV, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE INSPECTOR OF POLICE KEERAITHURAI POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.S.J.CHAKKARAVARTHY Advocate SR.No.24050

ORDER

IN CRL OP(MD) No.22967 of 2018 Date :27/12/2018 MSI/JC/SAR-III/03.01.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/