K. Marimuthu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14590 of 2017 K.MARIMUTHU ... PETITIONER / ACCUSED NO.5 Vs THE STATE REPRESENTED BY, THE SUB INSPECTOR OF POLICE NARAIKINARU POLICE STATION, THOOTHUKUDI DISTRICT, CRIME NO. 21/2017. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.LAKSHMI GOPINATHAN Advocate FOR M/S.POLAX LEGAL SOLUTIONS 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.5, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 324, 355 and 506(ii) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.21 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, on 30.03.2017, the petitioner abused the defacto complainant in filthy language and attacked him with wooden stick, and thereby, the defacto complainant sustained injuries and admitted in the hospital. Hence, the defacto complainant lodged a complaint against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent 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), 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 Magistrate No.II, Kovilpatti, 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 respondent police daily at 10.00 a.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 anticipatory bail granted stands cancelled automatically.

sd/- 30/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI.

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

3 THE SUB INSPECTOR OF POLICE NARAIKINARU POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.POLAX LEGAL SOLUTIONS Advocate SR.No.33527

ORDER

IN CRL OP(MD) No.14590 of 2017 Date :30/10/2017 MV:PM-PN:SAR4:31/10/2017/3P/6C