P.Jeyaraman v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22004 of 2015 P.JEYARAMAN ... PETITIONER/ SOLE ACCUSED Vs THE STATE THROUGH SUB INSPECTOR OF POLICE THIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT.
(CRIME NO.437 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.C.CHRISTOPHER Advocate For Respondent : Mr.K.ANBARASAN 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 the sole accused in Crime No.437 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 447, 294(b) and 506(ii) of I.P.C and Section 3 of TNPPDL Act, and hence, seeks anticipatory bail.
2.The case of the prosecution is that the de-facto complainant is practicing Advocate at Tiruchendur and the petitioner is his client and the de-facto complainant conducted a civil suit on behalf of the petitioner in O.S.No.141 of 2011 on the file of the Sub Court, Thoothukudi and there was misunderstanding between the petitioner and the de-facto complainant with regard to conducting the case. Therefore, he handed over the brief along with NOC to the petitioner in September 2015 and on 14.20.2015, the petitioner trespassed into the office of the defacto complainant and asked him to hand over the original documents filed along with the suit and abused him in filthy language and also tried to assault the de-facto complainant and damaged the article worth about Rs.1,000/-.
3.The learned counsel for the petitioner submitted that there is no specific allegation against the petitioner in the FIR and he has not committed any offence as alleged by the prosecution. 4.The learned Government Advocate (Crl.side) on instruction would submit that the petitioner damaged the article worth about Rs.1,000/-. https://hcservices.ecourts.gov.in/hcservices/
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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, Thiruchendur 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 deposit a sum of Rs.1,000/- to the credit of Crime No.437 of 2015 on the file of the learned Judicial Magistrate, Thiruchendur and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., for a period of three weeks. 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/- 20/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUCHENDUR.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE SUB INSPECTOR OF POLICE THIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.C.CHRISTOPHER Advocate SR.No.66579
ORDER
IN CRL OP(MD) No.22004 of 2015 Date :20/11/2015 NS/SKS-RR/SAR I/24.11.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/