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Madras High CourtCRL OP(MD)/16691/2023granted

Chandra Kumar v. The Inspector Of Police

2023-09-14Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Chandra Kumar ... Petitioner/Accused No.2 Vs The State, represented by The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

(Crime No.129 of 2023). ... Respondent/Complainant For Petitioner : Mr.S.Jebastin,Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.129 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 447, 294(b), 323, 1/4

324 and 506(ii) of IPC, in Crime No.129 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 14.07.2023, when the defacto complainant was working in his welding company, due to previous enmity, the accused persons came to the company, assaulted the defacto complainant with iron rod and hands and abused in filthy language. The defacto complainant sustained serious injury in this incident. Hence the present case came to be registered.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor would submitted that the injured has been discharged from the hospital.

5. Considering the facts and the circumstances of this case and also of the fact the injured is discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with conditions;

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate No.I, Nagercoil, 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 the petitioner shall appear before the respondent police on every 2/4

Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 14/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO THE JUDICIAL MAGISTRATE NO.I NAGERCOIL.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL.

THE INSPECTOR OF POLICE RAJAKAMANGALAM POLICE STATION, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.S.JEBASTIN, Advocate ( SR-13646[I] dated 14/09/2023 )

ORDER

IN CRL OP(MD) No.16691 of 2023 Date :14/09/2023 PKP/DD/SAR- /22.09.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4