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Madras High CourtCRL OP(MD)/15570/2018ordered

Mani @ Subbu Raj, v. The Inspector Of Police,

2018-09-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15570 of 2018 MANI @ SUBBU RAJ ... PETITIONER / 2nd ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, KADAMBUR POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME.NO.111 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.S.JEYAKARTHIK Advocate For Respondent : Mr.M.ASOKAN 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 147, 294(b), 323 and 506(ii) I.P.C in Crime No.111 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that on 25.08.2018, at about 08.45 hours, while the defacto complainant and his relatives were sitting in the outside of the defacto complainant's house, the accused persons crossed the road.

Due to the lack of light in the night hours, unable to see the accused persons, the defacto complainant raised the sound on the believe that his neighbors are crossing the road. Since the sound of the defacto complainant provoked the accused persons, they abused the defacto complainant by using filthy language and attacked the defacto complainant indiscriminately. Moreover, the accused persons caused severe life threat to the defacto complainant with dire consequences. The defacto complainant has also lodged a complaint and the same has been registered.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the injured has been discharged from the hospital.

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 No.II, Kovilpatti, 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/- 11/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-II,KOVILPATTI. 2 THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, KADAMBUR POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.17493 PS/PN/SAR-2:19/09/2018:2P/6C

ORDER

IN CRL OP(MD) No.15570 of 2018 Date :11/09/2018 https://hcservices.ecourts.gov.in/hcservices/