D. Senthil Servai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL OP(MD) No.9417 of 2015 D.SENTHI @ D. SENTHIL SERVAI ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE NORTH POLICE STATION, KARAIKUDI, SIVAGANGAI DIST, CRIME NO.105/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.KARUNA Advocate For Respondent : MR.A.P.BALASUBRAMANI 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 sole accused in Crime No.105 of 2015 on the file of the respondent police apprehends arrest for the offence under Section 170 of I.P.C, and hence seeks anticipatory bail.
2. In the affidavit filed in support of the petition, the petitioner has categorically stated that he has removed the flex board and destroyed the letter pad and visiting card and now, he is running three business namely i)Petty shop ii) Real Estate Business and 3)Explosive shop namely Indian Explosive shop (Licensed) and also the petitioner has promised not to join in any Human Rights Organization. Further in the petition, it is pointed out that the petitioner apprehends arrest at the hands of the respondent Police for the alleged offence under Section 170 of I.P.C.
3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the respondent Police and the petitioner is ready to abide by any condition and also to furnish substantial sureties to the satisfaction of the Court.
4. The learned Government Advocate (crl. Side), on instructions from the respondent, submitted that there is no previous case pending as against the petitioner herein and in the light of the affidavit and the petition mentioned submissions, appropriate conditions may be imposed.
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5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for, with conditions and accordingly;
(a) In the event of arrest by or on appearance before the respondent police;
(b) In the event of appearance before the learned Judicial Magistrate, Karaikudi within fifteen days from the date of receipt of a copy of this order;
(i) The petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees Ten Thousand Only) with two sureties for the like sum to the satisfaction of the learned Judicial Magistrate, Karaikudi;
(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) The petitioner shall be available for interrogation by the respondent police daily at 5.30 p.m. for two weeks and thereafter, as when required for interrogation. The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 21/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,KARAIKUDI 2 THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI 3 THE INSPECTOR OF POLICE, NORTH POLICE STATION, KARAIKUDI, SIVAGANGAI 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.V.KARUNA Advocate SR.No.26221
ORDER
IN CRL OP(MD) No.9417 of 2015 Date :21/05/2015 AA/25.05.2015/2p - 6c/ https://hcservices.ecourts.gov.in/hcservices/