CRL OP(MD)/19546/2019 of M.Sakthi Vs The Inspector of Police on 30 December 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )Date : 30/12/2019

PRESENT

The Hon`ble Mrs.Justice T.KRISHNAVALLI

M.SAKTHI ... PETITIONER/SOLE ACCUSED

VS

THE INSPECTOR OF POLICE,CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.247/2019). ... RESPONDENT/COMPLAINANT

For Petitioner : M/s. R. Rajesh Kumar, 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. 247/2019 on the file of theRespondent Police.

ORDER : The Court made the following order :- The petitioner apprehends arrest at the hands of the respondentpolice for the alleged offences punishable under sections 294(b),and 353 of IPC, in Crime No.247 of 2019 on the file of therespondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that due to quarrel betweenthe petitioner and the defacto complainant, the petitioner causedsimple injury to the defacto complainant.

3. The learned counsel for the petitioner submitted that thepetitioner is an innocent person and he has not committed anyoffence as alleged by the prosecution.https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Criminal side) appearing forthe respondent submitted that the injured has been discharged fromthe hospital.

5. Considering the above facts and circumstances of the case andalso considering the fact that the injured has been discharged fromthe hospital, this Court is inclined to grant anticipatory bail tothe petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bailin the event of arrest or on his appearance before the learnedJudicial Magistrate, Cheranmahadevi, Tirunelveli District and on hisexecuting a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)along with two sureties each for a like sum to the satisfaction ofthe learned Magistrate concerned and the petitioner shall appearbefore the concerned Court daily at 10.00 a.m until further orders.The petitioner shall comply with the condition stipulated underSection 438 Cr.P.C. scrupulously.

7. 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/-

30/12/2019

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

TO

1 THE JUDICIAL MAGISTRATE,

CHERANMAHADEVI, TIRUNELVELI DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.RAJESH KUMAR, Advocate ( SR-30[I] dated 02/01/2020 )

KSA

https://hcservices.ecourts.gov.in/hcservices/JM/PN/SAR 2/02.01.2020/2P/6C