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Madras High CourtCRL OP(MD)/3608/2020granted

K.Poolpandi v. The Inspector Of Police

2020-02-27Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.3608 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3608 of 2020 K.Poolpandi ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Seevalaperi Police Station, Seevalaperi, Tirunelveli District.

Crime No.22 of 2020 ... Respondent/Complainant For Petitioner : M/s.PR Boomeerajan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.22 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 153A(1)(a) and 506 (ii) of I.P.C. and Section 67 of Information Technology Act, in Crime No.22 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The learned Government Advocate (Crl. Side) points out that the petitioner is having ten previous cases and that his conduct is posing a grave threat to social amity. This Court will have to necessarily take a serious view of the matter.

4. The petitioner's counsel on instructions states that the petitioner will execute a bond under Section 107 of Cr.P.C., before https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3608 of 2020 the Executive Magistrate. The Jurisdictional Executive Magistrate will issue appropriate notice to the petitioner and take a bond from the petitioner. The petitioner undertakes to execute the bond. If the petitioner breaches the terms of the bond, action under Section 122 of Cr.P.C., can be taken against him.

5. Subject to these conditions, I am 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.III, Tirunelveli District, and on his 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 as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 27/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III, TIRUNEVELI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, SEEVALAPERI POLICE STATION, SEEVALAPERI, TIRUNELVELI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.J.YESU SUBANANTH, Advocate ( SR-4245[I] dated 27/02/2020 )

ORDER

IN CRL OP(MD) No.3608 of 2020 Date :27/02/2020 MS/VR/SAR-4/04.03.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2