Valli v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16627 of 2017 VALLI ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE, THIRUVEGAMPATHUR POLICE STATION, SIVAGANGAI DISTRICT.
(IN CRIME NO.90 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.M.SANJAY, 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 Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(ii) of I.P.C. and Section 4 of TNPWH Act, in Crime No.90 of 2017, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner and the defacto complainant are close relatives. There was a dispute regarding planting of sapling, in front of the house, thereby, the petitioner attacked the defacto complainant and the defacto complainant sustained injuries. Hence he lodged a complaint before the respondent police.
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.
4.The learned Government Advocate (Criminal side) would submit that the injured person has already been discharged from the hospital.
5.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 already been discharged from the hospital, I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/
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, Devakottai, 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 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 appear before the respondent police daily at 10.30 a.m. for a period of two weeks before the respondent Police;
(ii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;
(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (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/- 05/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, DEVAKOTTAI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.
3. THE INSPECTOR OF POLICE, THIRUVEGAMPATHUR POLICE STATION, SIVAGANGAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.M.SANJAY Advocate SR.No.35567 ORDER IN CRL OP(MD) No.16627 of 2017 Date :05/12/2017 MS/CM-VR/SAR.1/07.12.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/