Mathiselvam, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10149 of 2017 MATHISELVAM ... PETITIONER/A2 Vs STATE REP.BY, THE INSPECTOR OF POLICE, SANKARANKOVIL TALUK POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO.79 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.SENGUTTUARASAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 506(i) of IPC. and Section 3 of TNPPDL Act, in Crime No.79 of 2017, seeks anticipatory bail.
2. The case of the prosecution is that due to a wordy quarrel arose between the petitioner and the de facto complainant in a private bus A1 said to have attacked the defacto complainant with wooden log and A2 said to have attacked with stone on the side glass of the bus and thereby, caused damage worth of Rs.1,000/-.
3. The learned counsel appearing for the petitioner voluntarily agreed to deposit a sum of Rs.1,000/- to the credit of Crime No.79 of 2017 before the Judicial Magistrate, Sankarankovil without prejudice to his contention of this case.
4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally two accused and the petitioner is arrayed as A2 in this case. He would further submit that A1 was arrested and released on bail by Judicial Magistrate No.1, Tirunelveli and investigation is still pending.
5. Considering the facts and circumstances of the case and also considering the fact that A1 had already been granted bail by concerned Magistrate and also the undertaking given by the learned https://hcservices.ecourts.gov.in/hcservices/
counsel for the petitioner to deposit a sum of Rs.1,000/- to the credit of Crime No.79 of 2017 before Judicial Magistrate, Sankarankovil, 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, Sankarankovil, Tirunelveli District, on condition that 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 respondent police or the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before Judicial Magistrate, Sankarankovil daily at 10.30 a.m. Further, the petitioner is directed to deposit a sum of Rs.1,000/- to the credit of Crime No.79 of 2017 before the Judicial Magistrate, Sankarankovil without prejudice to his contention of this case. The petitioner shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 22/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, SANKARANKOVIL TALUK POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.SENGUTTUARASAN Advocate SR.No.29162 VSA/SMI CSL/RR-BS/SAR-I/29.08.2017 : 2P/6C
ORDER
IN CRL OP(MD) No.10149 of 2017 Date :22/08/2017 https://hcservices.ecourts.gov.in/hcservices/