P.Vinoth@Ramakrishnan v. The Insepctor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7679 of 2018 P.VINOTH @ RAMAKRISHNAN ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSEPCTOR OF POLICE PETTAI POLICE STATION, TIRUNELVELI DISTRICT CRIMENO.108 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SIVAKUMAR Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 448, 506(ii) of I.P.C and Section 3 of TNPPDL Act, in Crime No.108 of 2018, on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that due to wordy quarrel between the petitioner and the defacto complainant at a marriage function, the petitioner damaged the window glass of the house and the head light of the car.

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.The learned Government Advocate (Crl. side) appearing for the respondent Police, on instructions, would submit that the petitioner and the defacto complainant are relatives and the petitioner damaged the car and window.

5.Considering the facts and circumstances of the case and also taking note of the fact that they are relatives, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, https://hcservices.ecourts.gov.in/hcservices/

the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.V, Tirunelveli, 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 the police officer who intend to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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). sd/- 09/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RM/SJI TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3 THE INSEPCTOR OF POLICE,PETTAI POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.SIVAKUMAR Advocate SR.No.8273 GJM/PMI/GSR/11.5.18-2P-6C

ORDER

IN CRL OP(MD) No.7679 of 2018 Date :09/05/2018 https://hcservices.ecourts.gov.in/hcservices/