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Madras High CourtCRL OP(MD)/13884/2017granted

Muthuramalingam, v. The Inspector Of Police,

2017-10-13Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13884 of 2017 MUTHURAMALINGAM, ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, KEELASELVANOOR POLICE STATION, RAMANATHAPURAM DISTRICT.

(CR.NO.57 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.VENKATESWARAN 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/A2, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506 (ii) of IPC., in Crime No. 57 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that on 04.10.2017 at about 2.30 p.m., the petitioner/A2 and the co-accused No.1 in drunken mood abused the defacto complainant and his friends with filthy language, thereby, the respondent police filed a complaint against the accused persons.

3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.Side) appearing for the State would submit that already A1 was arrested and released on bail and the investigation is almost completed.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), that the A1 was arrested and released on bail and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner/A2 with certain conditions. https://hcservices.ecourts.gov.in/hcservices/

Accordingly, the petitioner/A2 is 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, Mudhukulathur, on condition that the petitioner/A2 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 respondent Police daily at 10.00 a.m. for a period of two weeks; (ii)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioner shall make themselves 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; (v) on breach of any of the aforesaid conditions, the petition for anticipatory bail stands dismissed.

sd/- 13/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

rmi/vsa TO 1 THE JUDICIAL MAGISTRATE, MUDHUKULATHUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, KEELASELVANOOR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.R.VENKATESWARAN Advocate SR.No.32829 GJM/CM/MSA/SAR-23.10.2017-2P-6C

ORDER

IN CRL OP(MD) No.13884 of 2017 Date :13/10/2017 https://hcservices.ecourts.gov.in/hcservices/