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Madras High CourtCRL OP(MD)/1223/2016ordered

B.Karthik v. The Inspector Of Police

2016-01-22Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.1223 of 2016 B.KARTHIK ... PETITIONER/ACCUSED NO.6 Vs THE STATE, THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.

CRIME NO. 64/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S A.S.VAIGUNTH Advocate For Respondent : MR.P.KANNI THEVAN, Govt. 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.6, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,452 of IPC and Section 4 of TNPPDL Act in Crime No.64 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 16.01.2016 at the time of Pongal Festival, the petitioners in drunken mood quarrelled with each other and damaged the roof tiles of the petitioner's house worth about Rs.5,000/-. On complaint, a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that during the Pongal festival there was a Sports event conducted by the villagers, at that time, due to wordy quarrel some stones have been thrown by somebody else and damage caused. It is further contended that the petitioner is willing to deposit a sum of Rs.1,000/- for the loss caused by him.

4. The learned Government Advocate (Crl. Side) submitted that the investigation of the case is pending.

5. 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 the learned Judicial Magistrate-II, Kovilpatti, Tutiocorin 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 https://hcservices.ecourts.gov.in/hcservices/

Magistrate concerned and on further condition that the petitioner shall deposit a sum of Rs.1,000/- to the credit of above said Crime number and the petitioner shall appear before the respondent police daily at 10.00 am until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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. sd/- 22/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE -II,KOVILPATTI, TUTICORIN DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE,KOVILPATTI WEST POLICE STATION, KOVILPATTI, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S A.S.VAIGUNTH Advocate SR.No.3948 trp CSL/JGB-DP/SAR-II/25.01.2016/2p/6c

ORDER

IN CRL OP(MD) No.1223 of 2016 Date :22/01/2016 https://hcservices.ecourts.gov.in/hcservices/