Madras High CourtCRL OP(MD)/18921/2016allowed

R.Sivaguru v. The Sub Inspector Of Police

2016-09-30Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.18921 of 2016 R.SIVAGURU ... PETITIONER/ACCUSED 1 Vs THE STATE REP.BY , THE SUB INSPECTOR OF POLICE VELLICHANTHAI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.113 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : MR.A.MOHAMED HANEEF, Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 323, 387 and 506(i) of IPC, in Crime No. 113 of 2016, on the file of the respondent police, seeks anticipatory bail.

2. The Case of the prosecution is that the accused persons abused the defacto complainant by uttering obscene words and also assaulted the defacto complainant.

3. The learned counsel for the petitioner submitted that this is the second anticipatory bail petition filed by the petitioner and earlier this Court vide order, dated 11.05.2016, granted anticipatory bail to the petitioner and since the petitioner failed to produce surety in time, he filed the second anticipatory bail petition.

4. The learned Government Advocate (Criminal Side) submitted that earlier this Court granted anticipatory bail to the petitioner and this is the second anticipatory bail petition. 5.Considering the facts and circumstances of the case and also considering the fact that this Court already granted anticipatory bail to the petitioner, I am inclined to grant anticipatory bail to https://hcservices.ecourts.gov.in/hcservices/

the petitioner with the following condition. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Principal District Munsif Cum Judicial Magistrate, Eraniel, within a period of one week from the date on which the order copy made ready, 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 Trial Court daily at 10.30 a.m. until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. sd/- 30/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ERANIEL. 2 THE SUB INSPECTOR OF POLICE VELLICHANTHAI POLICE STATION, KANYAKUMARI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to P.M.VISHNUVARTHANAN Advocate SR.No.57684 JIKR CSL/AAL-MPA/SAR-I/04.10.2016: 2P/6C

ORDER

IN CRL OP(MD) No.18921 of 2016 Date :30/09/2016 https://hcservices.ecourts.gov.in/hcservices/