Anand v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.17039 of 2016 ANAND ... PETITIONER/ACCUSED No.5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE JEEYAPURAM POLICE STATION, SRIRENGAM TALUK, TRICHY DISTRICT ... RESPONDENT / COMPLAINANT (IN CRIME NO.295 OF 2016) For Petitioner : M/S.P.GANAPATHI SUBRAMANIAN Advocate For Respondent : M/S.P.KANDASAMY, 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.5, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 324 and 506(ii) IPC and Sections 3 and 4 of Tamil Nadu Public Property Damage and Loss Act and Section 4 of Women Harassment Act, in Crime No.295 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner along with other accused assaulted the defacto complainant and caused damage to the house of the defacto complainant. On complaint, case has been registered for the above said offences.

3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that it a case of case in counter and Accused Nos.1 to 3 were arrested and remanded to custody by the trial Court and investigation is pending.

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5.Considering the facts and circumstances of the case, 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.3, Trichy, 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 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 10.30 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].

6.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/- 04/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.3,TRICHY 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE,TRICHY DISTRICT. 3 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, JEEYAPURAM POLICE STATION, SRIRENGAM TALUK, TRICHY DISTRICT +1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.59288.

ORDER

IN CRL OP(MD) No.17039 of 2016 Date :04/10/2016 AM/GSV.PM/SAR-1/06.10.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/