Madras High CourtCRL OP(MD)/7040/2015ordered

N.Balakrishnan v. The Inspector Of Police

2015-04-17Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7040 of 2015 N.BALAKRISHNAN ... PETITIONER /SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE THIRUVEDAIMARTHUR POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO. 92 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.G.KARNAN Advocate For Respondent : M/S.K.V.Rajarajan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 170, 420 of I.P.C. r/w. Section 5 of Emblem Act, 1950 in Crime No.92 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner used the emblem and name of Human Rights Commission which is unauthorised and without permission from the Government, he used the name.

3. The learned counsel for the petitioner submitted that the petitioner is a senior citizen of 76 years and he has not used the name of Human Rights Commission and after the complaint, he has vacated the premises and he has also give an undertaking not to use the name of Human Rights Commission in future. The learned counsel for the petitioner undertakes to file an affidavit of undertaking.

4. Heard the learned Government Advocate (Crl.side).

5. Considering the nature of allegation, this Court is 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, Kumbakonam 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 daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. https://hcservices.ecourts.gov.in/hcservices/

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 stands dismissed. sd/- 17/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, KUMBAKONAM.

2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE THIRUVEDAIMARTHUR POLICE STATION, THANJAVUR DISTRICT. TS/23.04.2015/2P-5C

ORDER

IN CRL OP(MD) No.7040 of 2015 Date :17/04/2015 https://hcservices.ecourts.gov.in/hcservices/