Ratheesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/12/2019 PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI

1. RATHEESH

2. PRATHEESH

3. SANJEEVHASAN ... PETITIONER/A1 TO A3 VS STATE REP. BY THE INSPECTOR OF POLICE, KALIYAKKAAVILAI POLICE STATION, KANNIYAKUMARI DISTRICT.

(CRIME NO.290/2019).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.S.BHARATHI, 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.290/2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 341, 323 & 506(i) of I.P.C., in Crime No.290 of 2019 on the file of the respondent police, seek anticipatory bail. 1/3

3. The case of the prosecution is that the defacto complainant is an auto driver, who drive his auto behind the petitioners car and given horn to move forward, however, the petitioners drove their car without giving space to teh defacto complainant and indulged in wordy quarrel. Hence, the complaint.

4.The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution.

5. The learned Government Advocate (Crl. side) submitted that the injured has been discharged from the hospital.

6. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Kulithurai, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. The petitioners 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/- 30/12/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KULITHURAI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE KALIYAKKAAVILAI POLICE STATION, KANNIYAKUMARI DISTRICT.

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

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+1 CC to M/s.S.BHARATHI, Advocate ( SR-22534[I] dated 30/12/2019 )

ORDER

IN CRL OP(MD) No.19514 of 2019 Date :30/12/2019 RM JM/PN/SAR 2/03.01.2020/3P/6C 3/3