CRL OP(MD)/23468/2013 of NESAMONY Vs THE SUB-INSPECTOR OF POLICE on 30 December 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Monday, the Thirtieth day of December Two Thousand ThirteenPRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23468 of 2013

NESAMONY ... PETITIONER/ACCUSED NO.1

Vs

STATE REP BYTHE SUB-INSPECTOR OF POLICE MANAVALAKURICHI POLICE STATION, KANYAKUMARI DIST, CRIME NO.240/2013 ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.C.SANKAR PRAKASH AdvocateFor Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner apprehend arrest at the hands of the respondent policefor the alleged offence punishable under sections 147, 341, 294 (b) and506 (ii) IPC in Crime No.240 of 2013, seeks anticipatory bail.

2. Learned counsel for the petitioner would submit that thepetitioner is innocent and he has been falsely implicated in the case.

3. Learned Government Advocate(Crl. Side) submitted that no one isinjured.

4. Heard the learned counsel appearing for the petitioner and thelearned Government Advocate(crl. Side) appearing for the State andperused the materials available on record.

5. Considering the facts and circumstances of the case, this Courtis inclined to enlarge the petitioner on anticipatory bail.Accordingly, the petitioner is ordered to be released on bail in theevent of arrest or on his appearance before the learned JudicialMagistrate, Eraniel, Kanyakumari District and on executing a personalbond for a sum of Rs.10,000/- (Rupees ten thousand only) with twosureties each for a like sum to the satisfaction of the learnedMagistrate concerned and on further condition that the petitioner shallappear before the respondent police as and when required for the purposehttps://hcservices.ecourts.gov.in/hcservices/of interrogation. The petitioner shall comply with the conditionstipulated under Section 438 Cr.P.C., scrupulously.

6. 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, ERANIEL, KANYAKUMARI DISTRICT2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL

3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUB-INSPECTOR OF POLICE MANAVALAKURICHI POLICE STATION, KANYAKUMARI

+1. CC to M/S.C.SANKAR PRAKASH Advocate SR.No.64391

AA/02.01.2014/ 2p- 6c/