Satheesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17013 of 2017 SATHEESH ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT , CR NO. 323/2017. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.R.ANBARASU 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/sole accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 3(i) of TNPPDL Act, 1992, in Crime No. 323 of 2017, seeks anticipatory bail.
2.The case of the prosecution is that the petitioners and the defacto complainant are relatives. It is alleged that on 06.11.2017, the defacto complainant's vehicle was parked in Ovvaillakarai, at that time, the petitioner had thrown a stone on the vehicle belongs to the defacto complainant, thereby, right side mirror was damaged worth about Rs.12,000/-. Hence, the defacto complainant filed a complaint before the respondent police.
3. The learned counsel appearing for the petitioner submitted that the petitioner did not commit any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal side) appearing for the State submitted that he did not dispute the facts stated by the learned counsel for the petitioner. He further submitted that investigation is still pending.
5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate
(Crl.Side), I am inclined to grant bail to the petitioner, 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, Padmanabhapuram, Kanyakumari District, 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 is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) to the Crime No.323 of 2017 without prejudice to his defence before the trial Court and therefore, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;
(ii)the petitioner shall report before the respondent police as and when required;
(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 not abscond either during investigation or trial;
(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/- 11/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PADMANABHAPURAM, KANYAKUMARI DISTIRCT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT ,
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.S.SURESH KUMAR Advocate SR.No.92038 JAM/15.12.17/CM/ SAR 1/ 3P-6C
ORDER
IN CRL OP(MD) No.17013 of 2017 Date :11/12/2017