N.Balamurugan @ v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10477 of 2017 N.BALAMURUGAN @ BALASUBRAMANIAN ... PETITIONER/ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, THARUVAIKULAM POLICE STATION, TUTICORIN DISTRICT.

CRIME NO.103/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.KA.RAAMA KRISHNAN 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 offence punishable under Sections 294(b), 354, 506(i) IPC in Crime No.103 of 2017 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the de facto complainant are neighbours and due to passing of drainage water in-front of the house of the de facto complainant, a dispute arose between them and hence, the petitioner pulled the saree of the de facto complainant and threatened her with dire consequences. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that the petitioner is the sole accused and no one sustained injury. He also submitted that investigation is pending.

5.Considering the facts and circumstances of the case and also taking note of the fact that no one sustained injury, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 15 days from the date on https://hcservices.ecourts.gov.in/hcservices/

which the order copy is made ready, before the learned Judicial Magistrate, Vilathikulam, 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:

[a]the petitioner shall report before the Kulathur Police Station daily at 10.30 a.m. until further orders. [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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 10/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VILATHIKULAM, TUTICORIN DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE, THARUVAIKULAM POLICE STATION, TUTICORIN DISTRICT. 4 THE INSPECTOR OF POLICE, KULATHUR POLICE STATION, KULATHUR, TUTICORIN DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.KA.RAAMA KRISHNAN Advocate SR.No.28599 NBJ CSL/PM-PN/SAR-II/18.08.2017 : 2P/7C

ORDER

IN CRL OP(MD) No.10477 of 2017 Date :10/08/2017 https://hcservices.ecourts.gov.in/hcservices/