Murugan @ Essakki Pandi, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.8019 of 2017 MURUGAN @ ESSAKKI PANDI, ... PETITIONER / A2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.197 OF 2013. RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SATHYA CHIDAMBARAM 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 A2 in Crime No.
197 of 2013 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 IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 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 learned counsel for the petitioner submitted that the petitioner along with the other accused is alleged to have abused the defacto complainant in filthy language, threatened and also attacked him. He would further submit that due to previous enmity, the present false complaint has been lodged by the defacto complainant. The petitioner is innocent. He has not committed any offence as alleged in the complaint.
He has been falsely implicated in this case.
4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that the petitioner has already been granted anticipatory bail by the Sessions Court in Crl.M.P.No.3710 of 2013 by order dated 19.08.2013. But the petitioner has failed to execute sureties and after a lapse of about 3 years, he has come up with this petition.
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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, Cheran Mahadevi, Tirunelveli District 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 production of receipt for payment of cost of Rs.2,000/- to the Legal Services Authority, attached to this Bench and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. 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 shall stand automatically dismissed.
sd/- 28/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE CHERAN MAHADEVI, TIRUNELVELI DISTRICT 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Copy to:The Authorized Officer Legal Services Authority, Madurai Bench of Madras High Court, Madurai +1. CC to M/S.S.SATHYA CHIDAMBARAM Advocate SR.No.25302 SM:CM-MSA:SAR 1:3.7.2017:2P/7C
ORDER
IN CRL OP(MD) No.8019 of 2017 Date :28/06/2017 https://hcservices.ecourts.gov.in/hcservices/