CRL OP(MD)/23573/2013 of MUTHU Vs THE INSPECTOR OF POLICE on 30 December 2013

Monday, the Thirtieth day of December Two Thousand ThirteenPRESENT

THE HON`BLE MR JUSTICE P.N.PRAKASH

CRL OP(MD) No.23573 of 2013

MUTHU ... PETITIONER/ACCUSED NO.1

Vs

THE STATE REP.BY THE INSPECTOR OF POLICE KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.CRIME NO.257/2013 ... RESPONDENT / COMPLAINANT

FOR PETITIONER : M/S.M.SUBASH BABU ADVOCATEFOR RESPONDENT : MR.A.P.BALASUBRAMANIAN GOVT. ADVOCATE ( CRL. SIDE)

PETITION FOR ANTICIPATORY BAIL UNDER SEC. 438 CR.P.C.

ORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioner is arrayed as A1 and apprehending arrest at the handsof the respondent police for the alleged commission of offence punishableunder sections 294(b), 323 and 506(i) IPC, in Crime No.257 of 2013 on thefile of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and thedefacto complainant belong to same family and because of money dispute,there was a wordy quarrel and the defacto complainant sustained simpleinjury.

3. Learned counsel appearing for the petitioner would submit thatthe complaint itself is false and concocted and the petitioner hasnothing to do with the alleged commission of offence.

4. Learned Government Advocate (crl. side) would submit that theinjured has already been discharged from the hospital.

5. Heard the learned counsel appearing for the petitioner and thelearned Government Advocate(Crl. Side) appearing for the state and alsoperused the entire materials available on record.

6. Considering the facts and circumstances of the case, this is afit case for granting anticipatory bail to the petitioner. Accordingly,the petitioner is ordered to be released on bail in the event of arrestor on his appearance before the learned Judicial Magistrate, Musiri andon 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 learnedMagistrate concerned and on further condition that the petitioner shallreport before the respondent police daily at 11.00 a.m. for a period ofhttps://hcservices.ecourts.gov.in/hcservices/two weeks and thereafter, as and when required, for interrogation. Thepetitioner shall comply with the condition stipulated under Section 438Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copy madeready failing which, the petition for anticipatory bail stands dismissed.

sd/- 30/12/2013 / TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE, MUSIRI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE

KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.M.SUBASH BABU Advocate SR.No.64489.