Stanley Manickaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN J.Stanley Manickaraj ... Petitioner/Accused-7 Vs The State rep.by The Inspector of Police, Vadipatti Police Station, Madurai District.

(Crime No.4/2020). ... Respondent/Complainant For Petitioner : M/s.J.Selvin Rajesh, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No. 4 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 109, 147, 148, 323, 324, 336, 354, 448, 506(ii) of I.P.C., and Section 4 of TNPHW Act, in Crime No.4 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The learned counsel appearing for the petitioner took me through the materials enclosed in the typed set of papers. It is seen that the petitioner has filed O.S.No.76 of 2018 before the District Munsif, Vadipatti against the defacto complainant. The petitioner had also filed W.P.(MD)No.22765 of 2018 before this Court.

1/3

4.The petitioner's counsel points out that he has already received an order of police protection. But then, he is unable to get the fruits of the said order on account of the acts committed by the defacto complainant. He would also point out that six of the accused in this case have already been arrested and remanded. They have been released on bail. Even according to the FIR, the petitioner is said to have instigated the commission of the offence. I am of the view that the arrest of the petitioner is not going to serve any purpose.

5. In view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vadipatti, Madurai District, and on his 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 10/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT.

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

3 THE INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT.

2/3

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

+1 CC to M/s.J.SELVIN RAJESH, Advocate ( SR-760 dated 10/01/2020 )

ORDER

IN CRL OP(MD) No.519 of 2020 Date :10/01/2020 rmi ES/SKN/SAR 1/21.01.2020/3P/6C 3/3