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Madras High CourtCRL OP(MD)/18342/2015allowed

Alex Pandian v. The Sub Inspector Of Police

2015-10-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18342 of 2015 ALEX PANDIAN ... PETITIONER/ACCUSED NO.2 Vs THE STATE THROUGH THE SUB INSPECTOR OF POLICE USILAMPATTI TOWN P.S., MADURAI DISTRICT UNDER (CRIMENO. 420 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.R.LAXMAN 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 arrayed as accused, apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 427 and 506(ii) IPC in Crime No.420 of 2015 on the file of the respondent Police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has abused the de facto complainant in filthy language and caused damage to the club of the de facto complainant.

3.The learned counsel for the petitioner submitted that earlier application filed by the petitioner in Crl.O.P.(MD)No.16965 of 2015 was dismissed on 07.09.2015 on the ground that the petitioner is a History Sheeter and he is facing two previous cases.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the petitioner is not a History Sheeter and Ajith Pandian at Usilampatti is the History Sheeter. 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.I, Usilampatti, 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., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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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/- 01/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT. 3 THE SUB INSPECTOR OF POLICE, USILAMPATTI TOWN P.S., MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18342 of 2015 Date :01/10/2015 CSL/JGB/SAR-I/08.10.2015 2P/5C https://hcservices.ecourts.gov.in/hcservices/