Madras High CourtCRL OP(MD)/730/2017granted

M.Tamilarasan v. The Inspector Of Police,

2017-01-30Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.730 of 2017 M.TAMILARASAN ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY , THE INSPECTOR OF POLICE, KARIVALAMVANDHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.7 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU 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 is arrayed as A-2, in Crime No.7 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 341, 294(b), 506(i) of I.P.C and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that there are totally two accused in this case and the petitioner herein is A-2 and the accused have restrained the defacto complainant and threatened him with dire consequences. He further submitted that no-one sustained injury in the alleged occurrence and A-2 is still absconding.

4. The learned counsel for the petitioner submitted that the petitioner is Practising Advocate and no relationship with the defacto complainant or the accused persons in this case and with a view to wreck vengeance against the petitioner herein, the petitioner was roped in this case by the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 5.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, Sankarankovil, 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 learned Judicial Magistrate, Sankarankovil, daily at 10.30 a.m., for a period of three weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.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/- 30/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE, KARIVALAMVANDHANALLUR POLICE STATION,TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.5032 PM CSL/SV-MMS/SAR-III/01.02.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.730 of 2017 Date :30/01/2017 https://hcservices.ecourts.gov.in/hcservices/