Madras High CourtCRL OP(MD)/18942/2016allowed

Snethil v. The 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.18942 of 2016 SENTHIL ... PETITIONER/ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PERIYAKULAM POLICE STATION, THENI DISTRICT, CRIME NO. 352 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.SIVAPRAKASH, Advocate For Respondent : MR.P.KANDASAMY, 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 147, 294(b), 323, 341, 506(i) of IPC and r/w Section 8 of the Protection of Children from Sexual Offences Act 2012, in Crime No.352 of 2016, on the file of the respondent police, seeks anticipatory bail.

2. The Case of the prosecution is that the petitioner and his friends teased and harassed the defacto complainant.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Criminal Side) submitted that it is a case in counter case and charge sheet in this case is yet to be filed.

5.Considering the facts and circumstances of the case and also considering the fact that it is a case in counter case, I am inclined to grant anticipatory bail to 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 Judicial Magistrate, Periyakulam, within a period of https://hcservices.ecourts.gov.in/hcservices/

10 days 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 JUDICIAL MAGISTRATE,PERIYAKULAM, THENI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, PERIYAKULAM POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.SANKAR Advocate SR.No.57503 JIKR CSL/AAL-MPA/SAR-I/04.10.2016: 2P/6C

ORDER

IN CRL OP(MD) No.18942 of 2016 Date :30/09/2016 https://hcservices.ecourts.gov.in/hcservices/