Venkatesan v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15301 of 2018 1 VENKATESAN 2 VIGNESWARAN ... PETITIONERS / ACCUSED 3 & 4 Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, ALANGUDI, PUDUKKOTTAI DISTRICT.
2 THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.
(IN CRIMEC NO. 142 OF 2018) ...RESPONDENTS / COMPLAINANT 3 ALAGUPANDI ... RESPONDENT / COMPLAINANT For Petitioners : Mr.D.RAMESHKUMAR 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), 323, 341, 506(i) I.P.C. r/w. Section 3(1) (r) (s), 3(2) (v-a) of SC/ST Act POA (Amendment) Act,2015 in Crime No.142 of 2018, seek anticipatory bail.
2.The case of the prosecution is that due to some previous enmity between the petitioners and the de facto complainant, the petitioners assaulted the de facto complainant and abused him by using his caste name. Hence the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case.
4.The learned Additional Public Prosecutor appearing for the respondent submitted that the injured has been discharged from the hospital.
https://hcservices.ecourts.gov.in/hcservices/
5.Considering the fact that the injured has been discharged from the hospital and except SC/ST Act, other offences are not serious in nature, this Court, by following the judgment of the Apex Court reported in (2018) 6 Supreme Court Cases 454-Subash Kashinath Mahajan V.State of Maharashtra, 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 District and Sessions Judge (PCR Court), Pudukottai and on 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 Judge concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m for a period of two weeks from the date of receipt of a copy of this order. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
6.The petitioners shall appear before the concerned Judge 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/- 29/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE DISTRICT AND SESSIONS JUDGE(PCR Court), PUDUKOTTAI.
2 THE DEPUTY SUPERINTENDENT OF POLICE, ALANGUDI, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.D.RAMESHKUMAR Advocate SR.No.16479 PS/JC/SAR-2:03/09/2018:2P/6C
ORDER
IN CRL OP(MD) No.15301 of 2018 Date :29/08/2018 https://hcservices.ecourts.gov.in/hcservices/