Mani @ Sudaliamani, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16390 of 2017 MANI @ SUDALIAMANI ... PETITIONER/ SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO.193 OF 2017.
... RESPONDENT / COMPLAINANT For Petitioner : M/S.MANIVEL PANDIAN, Advocate for M/S.T.A.EBENEZER, Advocate For Respondent : M/S.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 Sole Accused, apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323 and 506(ii) of I.P.C. and Section 3 of TNPPDL Act, in Crime No.193 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 25.11.2017, the petitioner attacked the defacto complainant and caused damages to the car of the defacto complainant worth about Rs.5,000/-. Hence, a case has been registered against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. However, he is ready to abide by any condition imposed by this Court. 4.Considering the facts and circumstances of the case and also considering the submissions made by the learned Government Advocate (Crl.Side) that the injured person has been discharged from the hospital and the petitioner did not have any previous case, 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, Nanguneri, 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 each for a like https://hcservices.ecourts.gov.
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.5,000/- (Rupees Five Thousand only) to the credit of Crime No.193 of 2017 before the learned Judicial Magistrate, Nanguneri, without prejudice to his defence before the trial Court. (ii) The petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when require for interrogation on receipt of summons.
(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 tamper with evidence or witness either during investigation or trial. (v) the petitioner shall not abscond either during investigation or trial;
(vi) the petitioner shall not commit any offence while on bail;
(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/- 04/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, NANGUNERI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3. THE INSPECTOR OF POLICE, VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.T.A.EBENEZER Advocate SR.No.35547 ORDER IN CRL OP(MD) No.16390 of 2017 Date :04/12/2017 MS/CM-VR/SAR.1/07.12.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/