Subramaniyan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11907 of 2017 SUBRAMANIYAN ... PETITIONER/ACCUSED No.3 Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.
CRIME NO.135/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.UTHAYAKUMAR 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/accused No.3, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 of I.P.C and Section 4 of Prohibition of Harassment of Women Act, 2002 in crime No.135 of 2017, seeks anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel the petitioner is said to have attacked the de facto complainant with stick and also abused him in filthy language.
3. The learned counsel appearing for the petitioner states that as directed by this Court, dated 11.09.2017, the petitioner has paid a sum of Rs.1000/- to the Legal Services Committee, Madurai Bench of Madras High Court and the he has also produced the receipt for the same.
4. The learned Additional Public Prosecutor appearing for the respondent states that petitioner herein is arrayed as A3. He would further submit that earlier the petitioner was granted anticipatory bail by this Court in Crl.O.P.No.6780 of 2017 vide order dated 07.06.2017. Since the petitioner failed to comply with the condition, he has filed the second petition seeking anticipatory bail on the same set of facts.
5.Considering the facts and circumstances of the case this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/
released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Kamuthi, Ramanathapuram 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 on receipt of summons, since he is a senior citizen. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 18/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM DISTRICT 3 THE SUB INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.A.UTHAYAKUMAR Advocate SR.No.30992
ORDER
IN CRL OP(MD) No.11907 of 2017 Date :18/09/2017 PK/CM-MSA/SAR-1/21.09.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/