Madras High CourtCRL OP(MD)/14189/2017granted

John Alexander v. The Inspector Of Police,

2017-10-24Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14189 of 2017 JOHN ALEXANDER ... PETITIONER/SOLE ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, NORTH POLICE STATION, TUTICORIN DISTRICT.

CRIME NO.538/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.ANANDAKUMAR Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 447, 294(b) and 506(ii) of IPC., in Crime No. 538 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that petitioner is a practising advocate and there was a wordy quarrel in between the defacto complainant and the petitioner. On 18.10.2017, the petitioner trespassed into the house of the de-facto complainant and threatened him to exit from the political party and used filthy language. Aggrieved by the same, the de-facto complaint lodged a complaint against the petitioner.

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 no one is injured in this process. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), that no one is injured in this process , this Court is inclined to grant anticipatory bail to the petitioner with certain https://hcservices.ecourts.gov.in/hcservices/

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.II, Tuticorin, 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 respondent Police as and when required;

(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/- 24/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TUTICORIN 2 THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE, NORTH POLICE STATION, TUTICORIN DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.N.ANANDAKUMAR Advocate SR.No.33072

ORDER

IN CRL OP(MD) No.14189 of 2017 Date :24/10/2017 SMA/RR-BS/SAR-2/27.10.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/