D. Seran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17754 of 2015 D. SERAN ... PETITIONER/ SOLE ACCUSED Vs STATE REP.BY THE SUB INSPECTOR OF POLICE PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 153 OF 2015) ... RESPONDENT /COMPLAINANT For Petitioner : M/S C.S.ASSOCIATES Advocate For Respondent : MS.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 arrayed as sole accused, apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 427, 448, 294(b), 379 and 506(ii) IPC, in Crime No.153 of 2015 on the file of the respondent Police and hence, seeks anticipatory bail.

2.According to the de facto complainant the accused, who is working as Headmaster in Hindu Middle School, Odakarai Thulakkapatti, Ambasamudram Taluk, has taken away school records, abused in filthy language and threatened the de facto complainant with dire consequence.

3.The learned counsel for the petitioner submitted that due to the dispute between the Headmaster and the Secretary of the said school, the petitioner was not allowed to function as a Headmaster. Challenging the action of the de facto complainant, the petitioner has filed a Writ petition in W.P.(MD)No.14832 of 2015 for a Mandamus and after receiving notice in the Writ petition, the present complaint has been filed on 01.08.2015 alleging that the petitioner has taken the school records on 13.07.2015.

4.Heard the learned Government Advocate (Crl.side) appearing for the respondent Police.

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 https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Cheranmadevi, 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 condition that the petitioner shall appear before the respondent police as and when required. 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/- 14/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUB INSPECTOR OF POLICE PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

2 THE JUDICIAL MAGISTRATE,CHERANMADEVI, TIRUNELVELI 3 THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S C.S.ASSOCIATES Advocate SR.No.54629 JAM/NGM-SS/SAR-I/18.9.15/2P-6C

ORDER

IN CRL OP(MD) No.17754 of 2015 Date :14/09/2015 https://hcservices.ecourts.gov.in/hcservices/