S. Jaseer v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN S. Jaseer, ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Koodalpudhur Police Station, Madurai.

(Crime No.657 of 2019).

... Respondent/Complainant For Petitioner : M/s. J. Suresh, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.657 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 324 and 506(2) of I.P.C., in Crime No.657 of 2019, on the file of the respondent police, seeks anticipatory bail. 3.The defacto complainant is the mutton seller. Due to wordy quarrel, the petitioner is said to have caused injury on the defacto complainant with the knife of the defacto complainant himself. The defacto complainant is still in taking treatment. 1/3

4.The learned Government Advocate (Crl. side) for the respondent opposed the grant of anticipatory bail. 5.The petitioner is not having any previous case. The incident had occurred due to some sudden quarrel. The petitioner undertakes to pay a sum of Rs.3,000/- as a token compensation. He will also write out a letter of apology. This is without prejudice to his defence in the criminal case.

6.The petitioner will take a demand draft in favour of the defacto complainant and hand over the same to the respondent. The respondent along with the letter of apology will be hand it over to the defacto complainant. The respondent shall give acknowledgement of having received the demand draft and the letter of apology and the same will be submitted by the petitioner at the time of surrendering.

7.Recording the undertaking given by the petitioner's counsel, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court No.IV, Madurai 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 as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

8.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/- 10/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICAL MAGISTRATE NO.IV, MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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3 THE INSPECTOR OF POLICE, KOODALPUDHUR POLICE STATION, MADURAI.

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

+1 CC to M/s.J.SURESH, Advocate ( SR-15191[I] dated 10/09/2019 )

ORDER

IN CRL OP(MD) No.12605 of 2019 Date :10/09/2019 sji AE/SKN/SAR-III (16.09.2019) 3P 6C 3/3