Murugan v. The 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.15366 of 2017 MURUGAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE THANGATCHIMADAM POLICE STATION, RAMANATHAPURAM DISTRICT, IN CRIME NO.107 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.SENTHILKUMAR 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, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and Section 4 of Women Harassment Act in Crime No.107 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 27.10.2017 the husband of the defacto complainant was in the drunken mode and came to the petitioner's house, against which the petitioner questioned the same and there was a quarrel arisen and both of them sustained injury. 3.The learned counsel for the petitioner states that the petitioner is an innocent and he has not committed alleged offence. 4.The learned Government Advocate (Criminal Side) for the State did not dispute the same.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side) and also the fact that the petitioner did not have any previous case, 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, Rameswaram, Ramanathapuram District, 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 respondent police daily at 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.

(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;

(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 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, RAMESHWARAM,RAMANATHAPURM DISTRICT.

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

3 THE INSPECTOR OF POLICE THANGATCHIMADAM POLICE STATION, RAMANATHAPURAM DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH Court,MADURAI.

+1. CC to M/S.B.SENTHILKUMAR Advocate SR.No.34225

ORDER

IN CRL OP(MD) No.15366 of 2017 Date :10/11/2017 MV:PM-PN:SAR3:16/11/2017/2P/6C