Madras High CourtCRL OP(MD)/13937/2017granted

P.Durairaj v. The Sub 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.13937 of 2017 P.DURAIRAJ ... PETITIONER/ACCUSED No.3 Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE, CENTRAL CRIME BRANCH UNIT, MADURAI CITY, MADURAI.

CR.NO.54/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.MRS.KARTHIKA, ADVOCATE for RIGHT LAW ASSOCIATES 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 a Accused No.3, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 406, 420 and 506(i) of I.P.C., in Crime No.54 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the A1 borrowed loan from the defacto complainant and did not repaid the loan. The defacto complainant demanded A1 to repay the debt amount. Therefore, A1 along with other accused persons, who are the family members of the A1, abused the defacto complainant in filthy language and threatened him with dire consequences. As a result, the defacto complainant lodged a complaint against them before the respondent police. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an 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 submitted that this Court has granted anticipatory bail to other accused.

6.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/

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, before the learned Judicial Magistrate No.I, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties 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 as and when required for interrogation;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not commit any offence while on bail;

(iv) 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.

TO 1 THE JUDICIAL MAGISTRATE NO.1, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE SUB INSPECTOR OF POLICE, CENTRAL CRIME BRANCH UNIT, MADURAI CITY, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.RIGHT LAW ASSOCIATES Advocate SR.No.32840

ORDER

IN CRL OP(MD) No.13937 of 2017 Date :13/10/2017 PK/CM-MSA/SAR-2/23.10.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/