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Madras High CourtCRL OP(MD)/15893/2017granted

S.Anandan v. The Inspector Of Police

2017-11-21Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15893 of 2017 S.ANANDAN ... PETITIONER/ACCUSED (RANK NOT KNOWN) Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, AYAKUDI POLICE STATION, DINDIGUL DISTRICT (CRIME NO.251 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.MANI ANANDH 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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 336, 324 and 506(ii) of IPC, in Crime No. 251 of 2017, seeks anticipatory bail.

2.The case of the prosecution is that the rain water stagnated in front of the defacto complainant's house. The petitioner asked the defacto complainant to remove the stagnated water. The defacto complainant did not take any steps, thereby, the petitioner attacked the defacto complainant and he sustained injuries and he was admitted in the hospital. 3.The learned counsel for the petitioner submitted that the petitioner is innocent person 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 injured has been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), that injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with https://hcservices.ecourts.gov.in/hcservices/

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, Palani, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) 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;

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioner shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(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/- 21/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PALANI 2 THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, AYAKUDI POLICE STATION, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.MANI ANANDH Advocate SR.No.34790

ORDER

IN CRL OP(MD) No.15893 of 2017 Date :21/11/2017 PK/PM-PN/SAR-3/23.11.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/