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Madras High CourtCRL OP(MD)/16139/2017granted

Peer Meeran, v. The Inspector Of Police,

2017-11-24Honourable Mr Justice M.Dhandapani3 pages

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.16139 of 2017 PEER MEERAN, ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, TRICHY RAILWAYS POLICE STATION, TIRUCHIRAPPALLI, IN CRIME NO.331 OF 2017. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ILAYARAJA 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 / sole accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 353, 285, 506(i) of I.P.C, and 3(1) TNPPDL Act, in Crime No. 331 of 2017, seeks anticipatory bail.

2.The case of the prosecution is on 16.11.2017, the defacto complainant is the Chief Ticket Inspector and he is also in-charge of the sleeper unit. The petitioner is the Train Ticket Examiner entered into the office, quarrel with the defacto complainant. Out of which, the petitioner attacked the defacto complainant and damaged the window glass worth about Rs.1,000/-, thereby the defacto complainant gave a complaint before the respondent police.

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 he did not dispute the facts of the case.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), that he did not dispute the facts of the case, this Court is 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.4, Trichy, 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 deposit a sum of Rs.2,000/- (Rupees Two thousand only) to the credit of Crime No.331 of 2017 before the learned Judicial Magistrate No.4, Trichy, without prejudice to his defence before the trial Court; (ii) the petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of four weeks; (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioner shall not commit any offence while on bail;

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

(vi) the petitioner shall not abscond either during investigation or trial;

(vii) 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.

rmi TO 1 THE JUDICIAL MAGISTRATE,NO.4, TRICHY 2 THE CHIEFJUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE, TRICHY RAILWAYS POLICE STATION, TIRUCHIRAPPALLI, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ILAYARAJA Advocate SR.No.35119 GJM/PM/PN/SAR-1-30.11.2017-3P-6C

ORDER

IN CRL OP(MD) No.16139 of 2017 Date :24/11/2017