Subramanian, v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15910 of 2017 SUBRAMANIAN ... PETITIONER/RANK NOT KNOWN Vs THE STATE THROUGH, THE SUB INSPECTOR OF POLICE, KEERANUR POLICE STATION, PUDUKOTTAI DISTRICT.
(IN CR.NO.325 OF 2007) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.GANAPATHI SUBRAMANIAN 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 Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 143, 341, 188(1)(b)(c) and 506(i) of I.P.C., in Crime No.325 of 2017, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner and defacto complainant belong to same political party. Now they divide each other, the petitioner damaged the defacto complainant's flex board. Aggrieved by the same, the defacto complainant made a complaint before the respondent police, thereby, the law enforcing agency registered a complaint against the petitioner. 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 would further submit that there was a rival dispute in between the parties, and thereby, the law enforcing agency foisted a false case against the petitioner. 4.The learned Government Advocate (Criminal side) appearing for the State submitted that he is not in a position to ascertain whether the flex board erect is authorised one. However, he vehemently opposed for granting anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/
5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal side), 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, Keeranur, 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 petitioner 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/- 24/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI 3 THE SUB INSPECTOR OF POLICE, KEERANUR POLICE STATION, PUDUKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No. ORDER IN CRL OP(MD) No.15910 of 2017 Date :24/11/2017 PK/PM-PN/SAR-1/30.11.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/