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Madras High CourtCRL OP(MD)/24061/2015ordered

Jony Wastin v. The Inspector Of Police

2015-12-17Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.24061 of 2015 JONY WASTIN ... PETITIONER/SOLE ACCUSED Vs STATE: REPRESENTED BY THE INSPECTOR OF POLICE POOTHAPOANDI POLICE STATION, KANYAKUMARI DISTRICT, CRIME NO.231 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S V.KARUNA 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 :- The petitioner, who is arrayed as sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 448, 294(b), 427, 506(i) of IPC and Section 4 of TNPWH Act, 2002, in Crime No.231 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that due to the previous motive on 19.06.2015 the petitioner abused and threatened the defacto complainant and damaged the household articles in a drunken mood. Therefore, the case has been registered for the above said offences. 3.The case of the petitioner is that he is an innocent person and he has not committed any offence as alleged by the prosecution and in order to settle the property dispute, the defacto complainant has given a false complaint against the petitioner.

4.The learned Government Advocate (Crl.side) submitted that investigation has been completed and the charge-sheet has been filed in C.C.No.343 of 2015 on the file of the learned Judicial Magistrate, Poothapandi.

5.Considering the facts and circumstances of the case and also considering the fact that the investigation has been completed and the charge sheet has been filed in C.C.No.343 of 2015, on the file of the learned Judicial Magistrate, Poothapandi, 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, Poothapandi 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 https://hcservices.ecourts.gov.in/hcservices/

satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the concerned Court regularly in all future hearings without fail. 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/- 17/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ,POOTHAPANDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE,POOTHAPOANDI POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S V.KARUNA Advocate SR.No.72439 AM CSL/GSV-AN/SAR-I/22.12.2015 2P/6C

ORDER

IN CRL OP(MD) No.24061 of 2015 Date :17/12/2015 https://hcservices.ecourts.gov.in/hcservices/