Muthupandi v. The Inspector Of Police

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.18923 of 2016 MUTHUPANDI ... PETITIONER/SOLE ACCUSED Vs STATE REPRESENTED BY , THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT, CRIME NO. 391 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.RAMASAMY Advocate For Respondent : MR.A.P.BALASUBRAMNAI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner, who is arrayed as accused, prays for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b), 506(ii) IPC and Section 4 of TNPWH Act, in Crime No.391 of 2016 on the file of the respondent police. 2.The case of the prosecution is that the petitioner threatened the de facto complainant and abused him in filthy language. 3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side).

4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

5.Learned Government Advocate (Crl. Side) submits that no one sustained injury and it is a case of case in counter. 6.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;

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(b)In the event of appearance before the learned Judicial Magistrate No.II, Kovilpatti, within 15 days from the date of receipt of copy of the order, (i)petitioner shall be enlarged on bail on executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction;

(ii)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)petitioner shall report before the Inspector of Police, Sattur daily at 10.30 a.m. until further orders. sd/- 30/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,KOVILPATTI. 2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.RAMASAMY Advocate SR.No.57569 NBJ CSL/SS-2/SAR-I/06.10.2016: 2P/6C

ORDER

IN CRL OP(MD) No.18923 of 2016 Date :30/09/2016 https://hcservices.ecourts.gov.in/hcservices/