CRL OP(MD)/23679/2013 of R. RAJKUMAR Vs THE 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.23679 of 2013

R. RAJKUMAR ... PETITIONER / SOLE ACCUSED

Vs

THE STATE REP.BY THE INSPECTOR OF POLICE CHATHIRAPATTY POLICE STATION, CRIME NO. NOT KNOWN OF 2013 ... RESPONDENT / COMPLAINANT

For Petitioner : M/S.AK.AZAGARSAMI Advocate For Respondent : M/S.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/sole accused apprehending arrest at the hands ofthe respondent police, for the alleged commission of offencespunishable under Sections 3(1) of TNPPDL Act and Sections 294(b) and506(ii) IPC, in Crime No. not known of 2013 on the file of therespondent police, seeks bail. The alleged occurrence is said tohave been committed on 28.11.2013.

2. The case of the prosecution is that the petitioner peltedstone on the defacto complainant's car and threatened him with direconsequences by using filthy language.

3. The learned counsel appearing for the petitioner wouldsubmit that the defacto complainant is the uncle of the petitionerand due to property dispute, the said complaint has been falselylodged by the defacto complainant.

4. The learned Government Advocate (Criminal Side) would submitthat the petition enquiry is pending in CSR No.201 of 2013.

5. This Court, taking into consideration of the above facts andcircumstances of the case, enlarges the petitioner on anticipatorybail with certain conditions. Accordingly, the petitioner is orderedto be released on bail in the event of arrest or on his appearancebefore the learned Judicial Magistrate No.II, Madurai, and onexecuting 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 thelearned Magistrate concerned and on further condition that thepetitioner shall report before the respondent police daily at 11.00a.m. for a period of two weeks and thereafter, as and when requiredby the respondent police. The petitioner shall comply with theconditions stipulated 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 copymade ready, failing which the petition for anticipatory bail standsdismissed.

sd/-

30/12/2013

Sub-Assistant Registrar (C.S.)

TO

1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

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

3 THE INSPECTOR OF POLICE, CHATHIRAPATTY POLICE STATION.

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

+1. CC to M/S.AK.AZAGARSAMI Advocate SR.No.31