M. Ansar, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12038 of 2015 M. ANSAR, ... PETITIONER/ ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI IN CRIME NO.279 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.M.A.JINNAH Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 307 and 506(ii) of I.P.C. in Crime No.279 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the accused had attacked the defacto complainant with iron rod and also threatened with dire consequences.

3. The learned counsel for the petitioner submitted that the defacto complainant and the petitioner are close friends and he is running a business of furniture in the place of the defacto complainant and due to the dispute in vacating the premises, a false complaint was given against him. It is further submitted that the defacto complainant has not sustained injury.

4. The learned Government Advocate(Crl. Side) on instructions submitted that the defacto complainant has not sustained injury and the accused had abused him in filthy language and also threatened him with dire consequences.

5.Considering the facts and circumstances of the case, this Court is 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 No.V, Tirunelveli and on 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 https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioner shall appear before the learned Judicial Magistrate No.V, Tirunelveli daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition 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 stands dismissed. sd/- 30/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.V, TIRUNELVELI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI .

+1. CC to M/S.S.M.A.JINNAH Advocate SR.No.35056. TS/02.07.2015/2P -6C

ORDER

IN CRL OP(MD) No.12038 of 2015 Date :30/06/2015 https://hcservices.ecourts.gov.in/hcservices/