Sabari @ Sabarinathan, v. The Inspector Of Police,
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.R.SWAMINATHAN CRL OP(MD) No.15235 of 2018 SABARI @ SABARINATHAN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP BY ITS THE INSPECTOR OF POLICE, KEELA THOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT.
(CRIME.NO.50/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.SIVA RAMA KRISHNAN Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 307 and 506(ii) IPC, in Crime No.50 of 2018, seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side).
3.This Court had earlier dismissed the criminal original petition, since it is alleged that he attacked the deceased with aruval at his back. The second application has been taken out in view of the fact that the defacto complainant has since been discharged from the hospital.
4.The learned counsel for the petitioner, on instructions, undertook to pay a sum of Rs.10,000/- to the defacto complainant towards his medical expenditure. The learned counsel further submitted that this can be non-refundable payment and that even if the petitioner is acquitted, the defacto complainant need not return the said amount.
5.Recording the above undertaken, a direction is given to the petitioner to pay a sum of Rs.10,000/- (Rupees Ten Thousand https://hcservices.ecourts.gov.in/hcservices/
only) to the defacto complainant. Subject to this condition, 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, Mudhukulathur and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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.
RMI TO 1 THE JUDICIAL MAGISTRATE MUDHUKULATHUR.
2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE, KEELA THOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.M.S.JEYAKARTHIK Advocate SR.No.16430 PS/JC/SAR-1:03/09/2018:2P/6C
ORDER
IN CRL OP(MD) No.15235 of 2018 Date :28/08/2018 https://hcservices.ecourts.gov.in/hcservices/