Maridurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15813 of 2017 MARIDURAI ... PETITIONER/ACCUSED No.1 Vs STATE THROUGH THE INSPECTOR OF POLICE VIRUDHUNAGAR RURAL POLICE STATION, PANDIAN NAGAR, VIRUDHUNAGAR DISTRICT CRIME NO.372/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.L.PRABHU Advocate For Respondent : MR.K.ANBARASAN, 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.1, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341, 353 and 506(ii) of I.P.C., in Crime No.372 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 14.11.2017, the petitioner ride in his two Wheeler with his mother as a pillion rider, the inspector of police, Virudhunagar Rural Police Station, intercepted the petitioner and asked some documents. Since, the petitioner refused to furnish the required details. Therefore, a case has been registered by the respondent police against the petitioners.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that he has no objection to grant anticipatory bail. 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 https://hcservices.ecourts.gov.in/hcservices/

petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Virudhunagar, 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 petitioners shall report before the respondent police, 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 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 petitioner in accordance with law and the anticipatory bail granted stands cancelled automatically.

sd/- 20/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE VIRUDHUNAGAR RURAL POLICE STATION, PANDIAN NAGAR, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.L.PRABHU Advocate SR.No.34699

ORDER

IN CRL OP(MD) No.15813 of 2017 Date :20/11/2017 SMA/CM-VR/SAR-2/27.11.2017:2P/6c https://hcservices.ecourts.gov.in/hcservices/