Sankaranarayanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6514 of 2017 SANKARANARAYANAN ... PETITIONER/SOLE ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE ERAL POLICE STATION, TUTICORIN DISTRICT CRIME NO. 120/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MANDHIRA LINGESWARAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, in Crime No.120 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 341 and 506(ii) of I.P.C and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State. 3.The case of the prosecution is that due to property dispute, the petitioner abused the defacto complainant with filthy language and assaulted her and threatened with dire consequences. 4.The learned counsel for the petitioner submitted that the petitioner is the brother of the defacto complainant's husband and the petitioner is no way connected with the offence as alleged by the prosecution.

5.The learned Additional Public Prosecutor submitted that this is a case and case in counter and the counter case has been registered in Crime No.121 of 2017 and the same has been closed as a 'mistake of fact'.

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6.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, Srivaikundam 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 as and when necessary for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.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/- 27/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SRIVAIKUNDAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE INSPECTOR OF POLICE ERAL POLICE STATION,TUTICORIN DISTRICT.

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

+1. CC to M/S.S.MANDHIRA LINGESWARAN Advocate SR.No.25027 PS CSL/RR-BS/SAR-II/28.06.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.6514 of 2017 Date :27/06/2017 https://hcservices.ecourts.gov.in/hcservices/