Vijayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17289 of 2018 VIJAYAKUMAR ... PETITIONER / 1st ACCUSED Vs STATE,REP.BY THE INSPECTOR OF POLICE, MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT, (IN CRIME NO.387 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.RAJESHWARAN 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 petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 147, 148, 294 (b), 332, 324, 353, 224, 225, 307 I.P.C and Section 3(1) of Tamil Nadu Public Property (PRIVENT. OF DAMAGE & LOSS) Act 1992, in Crime No.387 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 15.09.2018, the informant who is working as Forester in the Kulasekharam Range Office and his party went to Kottagam to arrest one Soundar, who is one of the accused in OR No.40/2018, under Sections 21(d) (e) and (f) of Kulasekharam Range Office. The informant and others went to Kottagam in a private vehicle without wearing uniform, when they tried to arrest the accused, the public from the locality objected, presuming that they were goondas they attempt to kidnap Soundar. Further it is alleged that some wordy altercation took place between them and pelted stones thereby the informant and one another sustained simple injury and the vehicle also damaged for an amount of Rs.15,000/-. Hence the complaint.

3.Heard the learned counsel for the petitioner and the elearned Additional Public Prosecutor for the respondent. https://hcservices.ecourts.gov.in/hcservices/ 4.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 the learned Judicial Magistrate No.I, Kulithurai, Kanyakumari District 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 daily at 10.30.am., for a period of two weeks, thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.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/- 11/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-I KULITHURAI,KANYAKUMARI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.K.RAJESHWARAN Advocate SR.No.19481 PS/PN/SAR-3;12/10/2018:2P/6C

ORDER

IN CRL OP(MD) No.17289 of 2018 Date :11/10/2018 https://hcservices.ecourts.gov.in/hcservices/