S.Senthi @ Senthilkumar v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.13306 of 2017 S.SENTHI @ SENTHILKUMAR ... PETITIONER/SOLE ACCUSED Vs STATE THROUGH, THE SUB INSPECTOR OF POLICE, PALAMEDU POLICE STATION, PALAMEDU, MADURAI DISTRICT.
CRIME.NO.202/17 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.THIRUNAVUKKARASU Advocate For Respondent : MR.C.RAMESH, Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 294(b) and 506(ii) IPC in Crime No.202 of 2017 on the file of the respondent Police, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.
3.The case of the prosecution that the petitioner abused the de-facto complainant with unparliamentary words and threatened him with dire consequences.
4.The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he is innocent and he has been falsely implicated in this case. 5.The learned Additional Public Prosecutor submitted that no one sustained injury in the alleged occurrence. 6.Considering the facts and circumstances of the case and considering the fact that no one sustained injury in the alleged occurrence, this Court is 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 which the order copy is made ready, before the learned Judicial Magistrate cum District Munsif, Vadipatti, on condition that the petitioner shall execute a bond for https://hcservices.ecourts.gov.in/hcservices/
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 respondent Police as and when required for interrogation.
[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/- 28/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE CUM DISTRICT MUNSIF, VADIPATTI, MADURIA DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE SUB INSPECTOR OF POLICE, PALAMEDU POLICE STATION, PALAMEDU, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.THIRUNAVUKKARASU Advocate SR.No.31828
ORDER
IN CRL OP(MD) No.13306 of 2017 Date :28/09/2017 PK/RR-BS/SAR-4/04.10.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/