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Madras High CourtCRL OP(MD)/16760/2017granted

Murugan, v. The Inspector Of Police,

2017-12-06Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16760 of 2017 MURUGAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.359 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.VENKATESH Advocate For Respondent : MR.K.ANBARASAN Govt. 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 447, 294(b), 324 & 506(ii) of IPC, in Crime No.359 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 21.11.2017 due to the dispute in the construction of the compound wall the petitioner attacked the defacto complainant. Hence, the defacto complainant sustained injuries and gave a police complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and did not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) would submit that the injured person has 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 been discharged from the hospital, 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 between 10.00 a.m. and 11.00 a.m., for a period of two weeks and thereafter as and when required for interrogation;

(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/- 06/12/2017 / 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 DISTRICT.

3 THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.VENKATESH Advocate SR.No.35661 ORDER IN CRL OP(MD) No.16760 of 2017 Date :06/12/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-VR-SAR 1/7.12.2017/2P-6C