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Madras High CourtCRL OP(MD)/8697/2018ordered

Ganapathyraja v. The Inspector Of Police

2018-05-30Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.8697 of 2018 GANAPATHYRAJA ... PETITIONER/SOLE ACCUSED Vs THE STATE REP BY ITS THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT IN CRIME NO.163 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.SUGADEV Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 353, 506(ii) of IPC and Section 4 of TNPHW Act, in Crime No.163 of 2018 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that due to wordy quarrel the petitioner abused the defacto complainant in filthy language and threatened her with dire consequences.

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

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that nobody has sustained injury in the incident.

5.Considering the above facts and circumstances of the case and also considering the fact that that nobody has sustained injury in the incident., this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Tirunelveli District and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioner shall comply with the condition 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/- 30/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TIRUNELVELI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.T.SUGADEV Advocate SR.No.9214

ORDER

IN CRL OP(MD) No.8697 of 2018 Date :30/05/2018 SMA/PN/GSR/31.05.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/