Bala @ Chellaiah v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14281 of 2017 BALA @ CHELLAIAH ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE SUB-INSPECTOR OF POLICE THIRUKOSTIYUR POLICE STATION, SIVAGANGAI DISTRICT (CRIME NO.133 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.KAMESWARAN 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 offences punishable under Sections 294(b), 323, 506(i) of IPC, in Crime No.133 of 2017, on the file of the respondent police seeks anticipatory bail.

2.The case of the prosecution is that on 17.10.2017, due to the previous motive the petitioner had abused the defacto complainant with filthy language and attacked the defacto complainant and thereby the defacto complainant sustained injuries and he gave a complaint before the respondent police.

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

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has already been 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Thiruppathur, Sivagangai District, 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 investigation officer, daily between 10.00 a.m. and 11.00 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 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 anticipatory bail granted stands cancelled automatically.

sd/- 25/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CP/RMK TO 1 THE JUDICIAL MAGISTRATE THIRUPPATHUR, SIVAGANGAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE SUB-INSPECTOR OF POLICE,THIRUKOSTIYUR POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.S.KAMESWARAN Advocate SR.No.33151 SH/RR/BS/SAR-2-31.10.2017-2P-6C

ORDER

IN CRL OP(MD) No.14281 of 2017 Date :25/10/2017 https://hcservices.ecourts.gov.in/hcservices/