Madras High CourtCRL OP(MD)/4916/2017ordered

K.Santha Gunaseelan v. The Inspector Of Police

2017-04-24Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4916 of 2017 K.SANTHA GUNASEELAN ... PETITIONER/ACCUSED No.1 Vs THE STATE REP BY THE INSPECTOR OF POLICE KARIVALAMVANDHANALLUR POLICE STATION, TIRUNELVELI DISTRICT CRIME NO.7 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : MRS.S.PRABHA, 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 A-1, in Crime No.

7 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 506(i) IPC and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that due to civil dispute, the accused scolded the defacto complainant with filthy language and threatened with dire consequences.

4. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence and in order to wreak vengeance against the petitioner, a false complaint has been lodged.

5.The learned Government Advocate(Crl.Side) appearing for the respondent on instructions submitted that there was a civil dispute due to which there was quarrel and none sustained injury in this case.

6.Considering the facts and circumstances of the case and also considering the fact that none sustained injury, this Court is inclined to grant anticipatory bail to the petitioner, with certain https://hcservices.ecourts.gov.in/hcservices/

conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sankarankovil, and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 24/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE KARIVALAMVANDHANALLUR POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.20862

ORDER

IN CRL OP(MD) No.4916 of 2017 Date :24/04/2017 SMA/PM-PN/SAR-4/25.04.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/