Madras High CourtCRL OP(MD)/13676/2017granted

Vairaiah v. The Inspector Of Police

2017-10-10Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13676 of 2017 VAIRAIAH ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

IN CRIME NO.192/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.M.SANJAY Advocate For Respondent : MR.K.ANBARASAN, 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 offences punishable under Sections 294(b), 323 and 506(ii) of IPC, and Section 4 of TNPWH Act, in Crime No.192 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant grazed her cattle in the petitioner's field. It was objected by the petitioner and he made repeated objection saying that not to graze the cattle in his filed. On 01.10.2017, when the defacto complainant entered in to the petitioner's field to graze her cattle, due to the wordy quarrel arose between them, the petitioner abused the defacto complainant using filthy language and threatened and attacked with hands on her face and caused injuries. Based on the complaint given by the defacto complainant, this case was registered. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that there is no severe injury and the investigation is still pending.

5. Considering the facts and circumstances of the case and the submission of the learned Government Advocate (Crl. Side)appearing for the State, I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/

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 on which the order copy is made ready, before the learned Judicial Magistrate, Devakkottai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction 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 investigation officer, daily between 10.00 a.m. and 11.00 a.m., for a period of two weeks and thereafter as and when required;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not commit any offence while on bail;

(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 and the anticipatory bail granted stands cancelled automatically.

sd/- 10/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKKOTTAI, SIVAGANGAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.M.SANJAY Advocate SR.No.32501

ORDER

IN CRL OP(MD) No.13676 of 2017 Date :10/10/2017 PK/PM-PN/SAR-2/11.10.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/