Jony Wastin v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13903 of 2015 JONY WASTIN ... PETITIONER(S) /SOLE ACCUSED Vs STATE REP BY:: THE INSPECTOR OF POLICE, POOTHAPANDI POLICE STATION, KANYAKUMARI DT, CRIME NO.231/2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.T.A.EBENEZER Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 448, 294(b), 427, 506(i) of IPC and section 4 of TNPWH Act, 2002, in Crime No.

231 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity with regard to property dispute, on 19.06.2015 the accused in a drunken mood entered into the house of the de-facto complainant, abused him and damaged the kitchen and also threatened the de-facto complainant with dire consequences.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence no one has sustained any injury. It is further submitted that the accused entered into the house of the de-facto complainant and caused damaged to the household articles to the tune of Rs.2,000/-. 5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Poothapandi 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 court concerned daily at 10.30 a.m for a period of two weeks and thereafter shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.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/- 23/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE POOTHAPANDI 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGORCOIL 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, POOTHAPANDI POLICE STATION, KANYAKUMARI DT,

1. CC to M/S.T.A.EBENEZER Advocate SR.No.40929 DM 27 7 15 - 2P 6C

ORDER

IN CRL OP(MD) No.13903 of 2015 Date :23/07/2015 https://hcservices.ecourts.gov.in/hcservices/