Mariyadhasan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17218 of 2016 MARIYADHASAN ... PETITIONER/ACCUSED NO.5 Vs STATE REP BY ITS THE INSPECTOR OF POLICE, THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT (CRIME NO.382 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.J.CHAKKARAVARTHY Advocate For Respondent : M/S.K.V.RAJARAJAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner, who is arrayed as accused, prays for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 147, 148, 341, 332, 294(b), 323, 324 and 506(ii) of I.P.C., r/w. Section 3(1) of TNPPDL Act in Crime No.382 of 2016 on the file of the respondent police.

2. The case of the prosecution is that the petitioner along with the other accused attacked the de-facto complainant's workers and abused the de-facto complainant in filthy language.

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

4.Learned Government Advocate (Crl. Side) submitted that the injured has been discharged from the hospital and the petitioner is not having any previous case.

5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners 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, Padmanabhapuram, Kanyakumari District within 15 days from the date of receipt of copy of the order, https://hcservices.ecourts.gov.in/hcservices/

(i) petitioner shall be enlarged on bail on executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction;

(ii) 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) Petitioner shall report before the respondent police as and when required.

sd/- 21/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE PADMANABHAPURAM KANYAKUMARI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT +1. CC to M/S.S.J.CHAKKARAVARTHY Advocate SR.No.54437 RL/6C/2P/PV/SARI/26/9/2016

ORDER

IN CRL OP(MD) No.17218 of 2016 Date :21/09/2016 https://hcservices.ecourts.gov.in/hcservices/