Sathish @ Sathishkumar v. The Inspector Of Police
CRL OP(MD). No.21114 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21114 of 2021 Sathish @ Sathishkumar ... Petitioner/Accused (Rank Not Known) Vs The State Rep. by, The Inspector of Police, Thallakulam Police Station, Madurai District.
(Crime No. 1000 of 2021).
... Respondent/Complainant For Petitioner : Mr.DHILIPAN PANDIAN.R.L., Advocate. For Respondent : K.SANJAI GANDHI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1000 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) I.P.C, in Crime No.1000 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity between the defacto complainant and the accused, the accused abused the defacto complainant in filthy language, assaulted him and caused injury. Hence, the case was registered against the petitioner. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the third accused were arrested and released on bail and the accused No.4 and 5 were obtained anticipatory bail from this Court.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the injured person has been discharged from the hospital.
5. Considering the facts and circumstances of the case, injured has been discharged from the hospital and considering the fact that https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.21114 of 2021 except the offence under Section 506(ii) of IPC, all others offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Madurai District on condition that the petitioner shall execute 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 daily at 10.30 a.m. for a period of thirty days and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. 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 stands dismissed.
sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.DHILIPAN PANDIAN.R.L. Advocate SR.No.9807 ORDER IN CRL OP(MD) No.21114 of 2021 Date :29/12/2021 SA/VR/SAR.2/03.01.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2