Maniraj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CRL OP(MD) No.5777 of 2017 MANIRAJ ... PETITIONER /SOLE ACCUSED Vs THE SUB INSPECTOR OF POLICE NALLATINPUDUR POLICE STATION, THOOTHUKUDI DISTRICT (CRIME NO.115 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.Prabhu, Advocate for M/S. POLAX LEGAL SOLUTIONS 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 :- Apprehending arrest at the hands of the respondent police in Crime No.115 of 2017 on the file of the respondent police for offences under Sections 294(b), 341 and 506(ii) of I.P.C., the petitioner is now before this Court seeking Anticipatory Bail.

2. The case of the prosecution is that due to previous enmity, on 06.05.2017 at about 9.00 a.m., a wordy quarrel arose between the petitioner and the de-facto complainant and the petitioner used filthy language against the de-facto complainant and attacked him with hands and also threatened him with dire consequences.

3. The learned counsel for the petitioner would submit that the petitioner has not involved in the offence and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) would submit that there is a wordy quarrel arose between the petitioner and the defacto complainant and no one sustained injury in the alleged occurrence.

5. Considering the nature of the offence and also considering the fact that no one sustained injury in the alleged occurrence, the petitioner is ordered to be released on bail, in the event of arrest https://hcservices.ecourts.gov.in/hcservices/

or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.I, Kovilpatti on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of 30 days. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 11/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI 2 THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE SUB INSPECTOR OF POLICE NALLATINPUDUR POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PORSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. POLAX LEGAL SOLUTIONS Advocate SR.No.21996 SM:MSA:SAR 3:12.5.2017:2P/6C ORDER IN CRL OP(MD) No.5777 of 2017 Date :11/05/2017 https://hcservices.ecourts.gov.in/hcservices/