Kabildhass v. The Sub-Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15152 of 2017 KABILDHASS ... PETITIONER/ACCUSED No.4 Vs STATE REPRESENTED BY, THE SUB-INSPECTOR OF POLICE, BAZAAR POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME NO. 510 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.VENKATESAN 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 herein, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147,148,323,324,336,307 and 379 I.P.C., and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992, in Crime No.510 of 2017 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 18.10.2017, due to community problem, the petitioner/accused person threatened and attacked the defacto complainant, thereby, the defacto complainant sustained injuries and admitted in the hospital. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He further submitted that the coaccused in this case were already released on bail. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that he did not disputed the above said of facts and he prays to impose some stringent conditions to keep the accused person away from his village.
5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the co-accused were already granted bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/
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.I, Ramanathapuram, 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 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 Kadupatti Police Station, Sozhavanthan, Madurai District daily at 10.30 a.m. until further orders. (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 abscond either during investigation or trial.
(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 petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically.
sd/- 10/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO I, RAMANATHAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM 3 THE SUB-INSPECTOR OF POLICE, BAZAAR POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE INSPECTOR OF POLICE KADUPATTI POLICE STATION, SOZHAVANTHAN,MADURAI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.VENKATESAN Advocate SR.No.34200 ORDER IN CRL OP(MD) No.15152 of 2017 Date :10/11/2017 PK/CM/SAR-4/16.11.2017 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/