Thoppulankumar, v. The Inspector Of Police,
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.13906 of 2017 THOPPULANKUMAR, ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, NERKUPPAI POLICE STATION, SIVAGANGAI DISTRICT.
(CRIME NO.59 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.MUTHUMALAI 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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 353 and 506(i) IPC, in Crime No. 59 of 2017, seeks anticipatory bail.
2. The case of the prosecution is that the de-facto complainant is working as Assistant Engineer in Tamil Nadu Electricity Board. On 13.07.2017, due to frequent power shortage, the accused person went to the defacto complainant's office and abused him with filthy language, thereby the Executive Officer has given a complaint before the respondent police on the allegation that the accused person prevented them from the discharged official duty.
3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he questioned only for frequent power shortage and they did not commit any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.Side) appearing for the State would submit that there are four previous case pending against the petitioner and the investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that pendency of the cases against the petitioner, I am 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, within a period of fifteen days from the date of receipt of a copy of this order, https://hcservices.ecourts.gov.in/hcservices/
before the learned Judicial Magistrate, Thirupathur 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 Inspector of Police, Poovanthi, daily at 10.00 a.m. for a period of four 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,THIRUPATHUR 2 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, NERKUPPAI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE INSPECTOR OF POLICE, POOVANTHI POLICE STATION, POOVANTHI +1. CC TO M/S.K.MUTHUMALAI ADVOCATE SR.NO.32798 GJM/CM/MSA/SAR-3-23.10.2017-2P-7C
ORDER
IN CRL OP(MD) No.13906 of 2017 Date :13/10/2017 https://hcservices.ecourts.gov.in/hcservices/