Nagapandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15089 of 2017 NAGAPANDI ... PETITIONER/SOLE ACCUSED Vs THE STATE BY THE INSPECTOR OF POLICE KADALADI POLICE STATION, RAMNAD DISTRICT (CRIME NO.132 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : MR.ADITHYA VIJAYDAN, Advocate for M/S.D.VENKATESH 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 Sole Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 332 of I.P.C., in Crime No.132 of 2017, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 29.10.2017, the defacto complainant received an information from the higher official that there was a power failure at Punavasal Village. In order to rectify the same, the defacto complainant reached the said village, however, the petitioner scolded the defacto complainant in filthy language and restricted him from doing his duty. Hence, a case has been registered against the petitioner by the defacto complainant before the respondent police.
3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that there was a power cut in the aforesaid area, however, the defacto complainant took long time to repair the transformer and the
same was questioned by the petitioner. Hence, the defacto complainant registered a false complaint against him.
4. The learned Government Advocate (Crl.side) appearing for the State submitted that investigation has almost been completed.
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, Mudukulathur, 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 10.30 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.
(iv) the petitioner shall not abscond either during investigation or trial;
(v) the petitioner shall not commit any offence while on bail;
(vi) 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/- 07/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
MRN TO 1 THE JUDICIAL MAGISTRATE, MUDUKULATHUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE KADALADI POLICE STATION, RAMNAD DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.D.VENKATESH Advocate SR.No.33979 GJM/CM/SAR-I-13.11.2017-3P-6C
ORDER
IN CRL OP(MD) No.15089 of 2017 Date :07/11/2017