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Madras High CourtCRL OP(MD)/5310/2017ordered

N.Sheikuduman, v. The Inspector Of Police,

2017-04-27Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5310 of 2017 N.SHEIKUDUMAN ... PETITIONER/A3 Vs STATE REP.BY, THE INSPECTOR OF POLICE, KADAYANALLUR POLICE STATION, KADAYANALLUR, TIRUNELVELI DISTRICT.

CRIME NO.140/2017 ... RESPONDENT For Petitioner : M/S.R.RAMASAMY 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 A3 in Crime No.140 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,294(b), 323 and 506(i) IPC and Section 3 of TNPPDL Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 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 learned Government Advocate appearing for the respondent / Police submitted that the petitioner along with the other accused trespassed into the property of the defacto complainant, abused him in filthy language, demolished his property, taken away his articles worth about Rs.1 lakh, threatened him and also attacked him. She further submitted that the injured was discharged from the hospital and the investigation is still pending. 4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the co-accused were granted https://hcservices.ecourts.gov.in/hcservices/

anticipatory bail by this Court in Crl.OP(MD)No.4575 of 2017, vide order dated 18.04.2017.

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 before the learned Judicial Magistrate , Tenkasi 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 once in a week i.e., on every Monday at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6.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/- 27/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to M/S.R.RAMASAMY Advocate SR.No.21309 pm CSL/BS/SAR-IV/03.05.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.5310 of 2017 Date :27/04/2017 https://hcservices.ecourts.gov.in/hcservices/