CRL OP(MD)/23552/2013 of SENTHILKUMAR 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.23552 of 2013

1 SENTHILKUMAR

2 KASIRAMAN ... PETITIONERS/ACCUSED NOS.1 AND 2

Vs

STATE REPRESENTED BYTHE INSPECTOR OF POLICE SIVAGANGAI TALUK POLICE STATION,SIVAGANGAI DISTRICT.

(CRIME NO.543 OF 2013) ... RESPONDENT/ COMPLAINANT

For Petitioner : M/S.S.KARTHICK AdvocateFor Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side)

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

ORDER : The Court Made the following order :- There totally two accused and the petitioners are arrayed as A1and A2 and apprehending arrest at the hands of the respondent policefor the alleged commission of offences punishable under sections 294(b), 323 and 506(i) IPC, in Crime No.543 of 2013 on the file of therespondent police, seek anticipatory bail.

2. The case of the prosecution is that the alleged occurrencewas taken place on 21.12.2013 and it is alleged that due to wordyquarrel, the petitioners had attacked the defacto complainant withwooden log and caused injuries on his legs and hands.

3. Learned counsel appearing for the petitioners would submitthat the petitioners and the defacto complainant were in a TASMACshop and at that time, a wordy quarrel ensured and that thecomplaint itself is false and concocted and the petitioners havenothing to do with the alleged commission of offence.

4. Learned Government Advocate (crl. side) would submit thathttps://hcservices.ecourts.gov.in/hcservices/there is no serious injuries to the defacto complainant and that thedefacto complainant was discharged from the hospital.

5. Heard the learned counsel appearing for the petitioner andthe learned Government Advocate(Crl. Side) appearing for the stateand also perused the entire materials available on record.

6. Considering the facts and circumstances of the case, this isa fit case for granting anticipatory bail to the petitioners.Accordingly, the petitioners are ordered to be released on bail inthe event of arrest or on their appearance before the learnedJudicial Magistrate No.II, Sivagangai and on each of them executinga bond 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 petitionersshall report before the respondent police daily at 11.00 a.m. for aperiod of two weeks and thereafter, as and when required, forinterrogation. The petitioners shall comply with the conditionstipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 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.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO