Senthil Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15988 of 2017 SENTHIL KUMAR ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE BY, THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT CR NO. 934/2017 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.T.SUGADEV ADVOCATE FOR M/S.T.MOHAN 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 294(b), 336, 379 and 506(ii) of I.P.C., in Crime No.934 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to dispute regarding the irrigation between the petitioner and the defacto complainant, on 09.11.2017, the petitioner attacked the defacto complainant and due to which, the defacto complainant sustained injuries and lost his teeth. Hence, the defacto complainant lodged a complaint before the respondent police. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he did not commit any offence as alleged by the prosecution. He would further submit that the petitioner is ready to spend money for the defacto complainant's dental treatment and the matter has been amicably settled between the parties.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that he did not dispute the facts made by the learned counsel for the petitioner.

5.Considering the facts and circumstances of the case and recording the submission made by the learned counsel for the petitioner, 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 No.I, Sivagangai, 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, 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 anticipatory bail granted stands cancelled automatically. sd/- 30/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M./JEGADEESH PANDIAN Advocate SR.No.35416 GJM/CM/VR/SAR-4-6.12.2017-3P-6C

ORDER

IN CRL OP(MD) No.15988 of 2017 Date :30/11/2017