Madras High CourtCRL OP(MD)/22994/2013granted

Manoj v. The Inspector Of Police

2013-12-20Honourable Mr Justice M. Sathyanarayanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) No.22994 of 2013 MANOJ ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, MARTHANDAM, KANYAKUMARI DT.

CR. NO. 788/2013. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.HALLMARK ASSOCIATES Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused, apprehending arrest at the hands of the respondent police for the alleged commission of offences punishable under Sections 294(b), 323, 447, and 506(i) I.P.C, said to have committed on 07.12.2013, in Crime No.788 of 2013, on the file of the respondent, seeks anticipatory bail.

2. The case of the prosecution is that when the defacto complainant returned from home, he was waylaid and the petitioner said to have abused him with filthy language and also attack him with wooden log.

3. The learned counsel for the petitioner would submit that the complaint is a false and concocted one and in fact the petitioner also lodged a complaint against the defacto complaint in this regard and his complaint was earlier in point of time, registered in Crime No.787 of 2013.

4. The learned Government Advocate (Criminal side) would submit that it is a case of case and counter and the injured has been discharged from the hospital.

5. Heard the learned counsel appearing for the petitioner and the https://hcservices.ecourts.gov.in/hcservices/ Government Advocate (Crl. Side) appearing for the respondent and also perused the materials available on record.

6. Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Kulithurai and on his executing a personal 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 11.00 a.m. for a period of two weeks and thereafter as and when required for the purpose of 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/- 20/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

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

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

ORDER

IN CRL OP(MD) No.22994 of 2013 Date :20/12/2013 PA/30.12.2013/2P/5C https://hcservices.ecourts.gov.in/hcservices/