Madras High CourtCRL OP(MD)/18093/2016ordered

Alavudeen v. The Inspector Of Police

2016-10-04Honourable Mr Justice B. Gokuldas2 pages

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.18093 of 2016 ALAVUDEEN ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT (CRIME No.55/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : M/S.A.P.BALASUBRAMANI, Government 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), 353, and 506(i) IPC in Crime No.55 of 2015 on the file of the respondent police.

2. The case of the prosecution is that with regard to erection of flex-board, there was quarrel and the petitioner abused and threatened the defacto complainant.

3. Learned counsel for petitioner submits that the petitioner has not committed any offence.

4. Learned Government Advocate (Crl.Side)submits that A2 was arrested and enlarged on bail.

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.I, Kulithalai, 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 each for the likesum to their satisfaction;

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(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 appear before the respondent police daily at 10.00 a.m until further orders.

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.I KULITHALAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT +1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.58213 RL/6C/2P/SKS/RR/SAR2/5.10.2016

ORDER

IN CRL OP(MD) No.18093 of 2016 Date :04/10/2016 https://hcservices.ecourts.gov.in/hcservices/