S. John Mahesh@Mahesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21170 of 2015 S. JOHN MAHESH @ MAHESH ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUCHENDHUR POLICE STATION, THOOTHUKUDI DISTRICT.

(CR.NO. 431/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S P.SENTHUR PANDIAN Advocate For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(ii) of IPC and under Section 3 of the TNPPDL Act, in Crime No.431 of 2015 on the file of the respondent police, the petitioner has come forward with the present petition for anticipatory bail under Section 438 of the Code of Criminal Procedure.

2.The case of the prosecution is that the petitioner has assaulted on the rear side of the defacto complainant's car-glass and causing damages to the tune of Rs.7,000/-.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and hence, he prays for enlargement on anticipatory bail. 4.Heard the learned Government Advocate (Crl.side) appearing for the respondent.

5. Considering the facts and circumstances the case and also considering the nature of the offence alleged, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Thiruchenthur, subject to the following stringent conditions:- (i) The petitioner shall deposit a sum of Rs.5,000/- to the credit of Crime No.431 of 2015 before the learned Judicial Magistrate, Thiruchenthur; https://hcservices.ecourts.gov.in/hcservices/ (ii) On such deposit the petitioner shall execute 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 Judicial Magistrate, Thiruchenthur, and

(iii) The petitioner shall appear before the respondent police daily at 5.00 p.m., until further orders.

(iv) 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/- 04/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, THIRUCHENTHUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE , TUTICORIN. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, THIRUCHENDHUR POLICE STATION, THOOTHUKUDI DISTRICT.

+1. CC to M/S P.SENTHUR PANDIAN Advocate SR.No. 64746. TS/06.11.2015/2P-6C/AN-MP/SAR II

ORDER

IN CRL OP(MD) No.21170 of 2015 Date :04/11/2015 https://hcservices.ecourts.gov.in/hcservices/