Sithirai Selvan v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14410 of 2017 SITHIRAI SELVAN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REPRESENTED THROUGH THE SUB-INSPECTOR OF POLICE PERAIYUR POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.111/17 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.PALPANDI 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 accused No.2, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 506(ii) of IPC, in Crime No.111 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the first accused scolded the defacto complainant in filthy language and threatened him with dire consequences. Based on the complaint, case has been registered for the above said offences. 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. The petitioner has been falsely implicated in this case.

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that no one injured in the said occurrence.

5. Considering the facts and circumstances of the case and also considering the fact that no one injured in the said occurrence, I am inclined to grant anticipatory bail to the petitioner with

certain conditions. Accordingly, the petitioner 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, Kamuthi, 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;

(iv) 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/- 26/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI,RAMANATHAPURAM.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE SUB-INSPECTOR OF POLICE PERAIYUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.V.PALPANDI Advocate SR.No.33229

ORDER

IN CRL OP(MD) No.14410 of 2017 Date :26/10/2017 MV:CM-MSA:SAR3:30/10/2017/3P/6C