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Madras High CourtCRL OP(MD)/13994/2017granted

Suthanthiramani, v. The Inspector Of Police,

2017-10-20Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13994 of 2017 SUTHANTHIRAMANI ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, VALLIOOR POLICE STATION, IN CR.NO.331/2017, TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.SUSI KUMAR, 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 apprehend arrest at the hands of the respondent police for the offences punishable under Section 323 IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1988, in Crime No.331 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, after consuming alcohol, quarrelled with the defacto complainant on 25.09.2017 and assaulted the defacto complainant for which she sustained injury. Accordingly, the defacto complainant given a complaint before the respondent police.

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 submitted that the injured person was discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the injured was discharged from the hospital, 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 their appearance, within a https://hcservices.ecourts.gov.in/hcservices/

period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vallioor, 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 Vallioor Police Station, everyday at 10.00 p.m for a period of two weeks and thereafter, 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 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;

(v) 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 bail granted stands cancelled automatically.

sd/- 20/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VALLIOOR, THIRUNELVELI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE,THIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE,VALLIOOR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.M.SUBASH BABU Advocate SR.No.32986

ORDER

IN CRL OP(MD) No.13994 of 2017 Date :20/10/2017 PK/PM-PN/SAR-2/25.10.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/