Maruthupandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.15596 of 2016 MARUTHUPANDI ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO. 408 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. POLAX LEGAL SOLUTIONS Advocate For Respondent : MR.P.KANNITHEVAN, 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 accused No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 448, 294(b), 323, 427, 506(ii) IPC and Section 4 of the Women Harassment Act, in Crime No.408 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent and he has not committed any offence and prays for anticipatory bail in favour of the petitioner. 3.It is submitted by the learned Government Advocate (Crl.Side) that the injured person had sustained only simple injury. 4.Considering the facts and circumstances of the case and also considering the fact that the injured person had sustained only simple injury, this Court is 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 No.I, Kovilpatti, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent https://hcservices.ecourts.gov.in/hcservices/

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 respondent Police daily at 10.00 a.m. until further orders. (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(iv) 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 as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

5.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 30/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. POLAX LEGAL SOLUTIONS Advocate SR.No.48261 SMN CSL/SKS-RR/SAR-III/31.08.2016: 2P/6C

ORDER

IN CRL OP(MD) No.15596 of 2016 Date :30/08/2016 https://hcservices.ecourts.gov.in/hcservices/