Athisivam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.1430 of 2017 ATHISIVAM ... PETITIONER / SINGLE ACCUSED Vs STATE, REPRESENTED BY THE INSPECTOR OF POLICE THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT. ... RESPONDENT / COMPLAINANT CRIME No.711 / 2016 S.LESLIE JOHN KIRUBAKARAN ... PETITIONER/DEFACTO COMPLAINANT For Petitioner : Mr.N.MOHIDEEN BASHA Advocate For Respondent : Mrs.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervenor : Mr.S.MAHENDRAPATHY, Advocate 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 in Crime No.711 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406 and 420 IPC and hence, seeks anticipatory bail.
2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State and the learned counsel for the intervenor.
3. Today, the defacto complainant has produced the certificates OF the petitioner before this Court and it is stated by the learned counsel for the petitioner that the police has entered into his house and beaten the petitioner's parents and they were taken to police station and after lodging the complaint to the Superintendent of Police, the parents were released.
4. Considering the facts and circumstances of the case, this Court is 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 before https://hcservices.ecourts.gov.in/hcservices/
the learned Judicial Magistrate, Thirumangalam, Madurai District, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
5.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
6.The respondent police is directed not to make such harassment in future.
sd/- 28/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.N.MOHIDEEN BASHA Advocate SR.No.21581 +1 cc to MR.S.MAHENDRAPATHY , ADVOCATE, SR NO: 21779 JAM/03.05.17/KKR/SAR 4 / 2P-7C
ORDER
IN CRL OP(MD) No.1430 of 2017 Date :28/04/2017 https://hcservices.ecourts.gov.in/hcservices/