Muthupandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of January Two Thousand Fifteen PRESENT THE HON'BLE MR.JUSTICE P.N.PRAKASH CRL OP(MD) No.23814 of 2014 MUTHUPANDI ... PETITIONER/ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE THERMAL NAGAR POLICE STATION, TUTICORIN DT.

CR.NO.192 OF 2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.MARIAPPAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. 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 in Crime No.192 of 2014, on the file of the respondent police for offences under Sections 342, 294(b), 324 and 506(ii) of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory Bail.

2. According to the case of the prosecution, the petitioner is said to have threatened the de-facto complainant with dire consequences and attacked him and caused injuries.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case.

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

5. Having regard to the nature of offences said to have been committed by the petitioner, I am inclined to grant anticipatory bail to him, but with 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 No.II, Tuticorin, on executing a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, https://hcservices.ecourts.gov.in/hcservices/

(a) the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of four weeks without fail. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 05/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, TUTICORIN 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE THERMAL NAGAR POLICE STATION, TUTICORIN DT.

4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.N.MARIAPPAN Advocate SR.No.21

ORDER

IN CRL OP(MD) No.23814 of 2014 Date :05/01/2015 NA/06/01/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/