Viswanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10064 of 2016 VISWANATHAN ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE AMBILIKKAI POLICE STATION, DINDIGUL DISTRICT.

CR.NO.106/2016 ..RESPONDENT/COMPLAINANT For Petitioner : M/S R.JEGADEESWARAN Advocate For Respondent : Mr.P.KANNITHEVAN, 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 341, 323, 294(b), 324, 353 and 506(i) I.P.C. Read with Section 3 of TNPPDL Act, in Crime No.106 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 23.05.2016 due to previous enmity, the accused restrained the de facto complainant and attacked him and caused injury. On complaint, case has been registered for the above said offences.

3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

4.It is submitted by the learned Government Advocate (Crl.Side) that the injured person had already been discharged from the hospital. The petitioner is having three previous cases. 5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ottanchathiram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction https://hcservices.ecourts.gov.in/hcservices/

of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall report before the Inspector of Police, Thadikombu Police Station, daily at 10.30 a.m. until further orders.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(iv) 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].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 23/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, OOTANCHATHIRAM, DINDIGUL DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, AMBILIKKAI POLICE STATION, DINDIGUL DISTRICT.

5 THE INSPECTOR OF POLICE, THADIKOMBU POLICE STATION, DINDIGUL DISTRICT.

+1. CC to M/S R.JEGADEESWARAN Advocate SR.No.32548 ORDER IN CRL OP(MD) No.10064 of 2016 Date :23/06/2016 PBK/GSV-PM/SAR-I 28/06/2016 ::2P-7C::

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