S.Senthilkumar v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.20033 of 2016 S.SENTHILKUMAR ... PETITIONER / ACCUSED-1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

CRIME NO. 309 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.I.SAM JEGAN, Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Sections 147, 148, 294(b), 447, 506(ii) and 379 of IPC in Crime No.309 of 2016 on the file of the respondent Police, seeks anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that the petitioner along with others abused the de facto complainant in filthy language and also threatened him with dire consequences.

4.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

5.The learned Government Advocate (Crl.side) submitted that no one sustained injury and investigation is almost completed. 6.Considering the facts and circumstances of the case and also considering the fact that no one sustained injury, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date https://hcservices.ecourts.gov.in/hcservices/

of receipt of a copy of this order, before the learned Judicial Magistrate, Kodaikanal, Dindigul District on condition that the petitioner shall execute 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 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 report before the respondent Police daily at 10:30 am until further orders.

[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/- 19/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KODAIKANAL, DINDIGUL DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL. 3 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT 4 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.I.SAM JEGAN, Advocate SR.No.61494. ORDER IN CRL OP(MD) No.20033 of 2016 Date :19/10/2016 msm/gsv-pm/25.10.16/p2/6c https://hcservices.ecourts.gov.in/hcservices/