A. Arulandhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16641 of 2016 A. ARULANDHU ... PETITIONER/ 2nd ACCUSED Vs State rep.by THE INSPECTOR OF POLICE KANNIVADI POLICE STATION, DINDIGUL DISTRICT.

CRIME NO. 211/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.R.KANNAPPAN Advocate For Respondent : Mr.K.V.Rajarajan, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b), 341, 323, 379, 353 and 506(i) IPC r/w Section 21(2) of Mines and Minerals Act, in Crime No.211 of 2016 on the file of the respondent police.

2.The case of the prosecution is that the Village Administrative Officer lodged a complaint alleging that on 15.07.2016 the petitioner and other accused transported sand in a Tipper lorry and when the de facto complainant obstructed the said vehicle, the accused persons abused him in filthy language and attacked.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.Learned Government Advocate (Crl. Side) submits that investigation is pending.

5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.II, Dindigul, within 15 days from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties https://hcservices.ecourts.gov.in/hcservices/

each for the likesum to their satisfaction;

(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.

sd/- 06/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE KANNIVADI POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.A.R.KANNAPPAN Advocate SR.No.50233 sm:GSV-PM:SAR III:12/09/2016:2P/6C

ORDER

IN CRL OP(MD) No.16641 of 2016 Date :06/09/2016 https://hcservices.ecourts.gov.in/hcservices/