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Madras High CourtCRL OP(MD)/16803/2015allowed

Jeyapandi v. The Sub Inspector Of Police

2015-08-31Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16803 of 2015 JEYAPANDI ... PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

IN CRIME NO. 155 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S J.C.RATHNAVEL PANDIAN, Advocate For Respondent : MRS.S.PRABHA, 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 an alleged offence punishable under Sections 294(B), 323, 506(ii) of IPC and Section 4 of TNPWH Act, in Crime No.155 of 2015, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity the petitioner has attacked the de fact complainant with an Iron Bar and threatened him with dire consequences.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) would submit that the injured has already been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Nanguneri, Thirunelveli District, 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 condition that the petitioner shall appear before the respondent police daily at 10.00 am for a period of two weeks and thereafter, as and when required for https://hcservices.ecourts.gov.in/hcservices/

interrogation. 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/- 31/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NANGUNERI, TIRUNELVELI DISTRICT.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI.

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

4 THE SUB INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

+1. CC to M/S J.C.RATHNAVEL PANDIAN Advocate SR.No.50217 Akm/01.09.2015 /2p-6c/ ORDER IN CRL OP(MD) No.16803 of 2015 Date :31/08/2015 https://hcservices.ecourts.gov.in/hcservices/