Balamurugan 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.16473 of 2017 BALAMURUGAN ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, PANTHALKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO. 223/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.BOGARNATHAN 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/Sole Accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 143, 188 IPC and 184 & 179 of MV Act, in Crime No.223 of 2017, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that at the time of Thevar Guru Poojai the petitioner has driven the vehicle in a rash and negligent manner and violated the rule of Section 144 Cr.P.C. Thereby, the respondent police registered a complaint against the petitioner.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offences as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that now the Guru Poojai is over. 5.Considering the facts and circumstances of the case and also considering the fact that, 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 Court, Aruppukottai, Virudhunagar District, on condition https://hcservices.ecourts.gov.in/hcservices/

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 investigation officer, daily between 10.00 a.m. and 11.00 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 himself 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/- 30/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRDHUNAGAR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3. THE INSPECTOR OF POLICE, PANTHALKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.BOGARNATHAN Advocate SR.No.35411

ORDER

IN CRL OP(MD) No.16473 of 2017 Date :30/11/2017 MS/CM-VR/SAR.4/06.12.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/