V.Senthil Balaji v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of April Two Thousand Nineteen PRESENT The Hon`ble Mr Justice R.SUBRAMANIAN CRIMINAL ORIGINAL PETITION (MD) No.4778 of 2019 V.SENTHIL BALAJI [ PETITIONER/ACCUSED ] Vs THE INSPECTOR OF POLICE, [ RESPONDENT/COMPLAINANT ] THANTHONIMALAI POLICE STATION, KARUR DISTRICT CRIME NO.92 OF 2019 For Petitioner : MR.AR.L.SUNDARESAN for M/S.M.BINDRAN Advocate For Respondent : MR.N.NATARAJAN Public Prosecutor 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 offences punishable under Sections 353, 506 (i) IPC r/w. Section 4AA(1a), 4(AA)(4) of Tamil Nadu Open Places Disfigurement Act r/w. Section 130(2) of Representation of People Act in Crime No.92 of 2019 on the file of the respondent police for the alleged occurrence said to have taken place on 25.03.2019 seeks anticipatory bail.

2. It appears that the petitioner had accompanied the candidate for Karur Lok Sabha Constituency for filing nomination on 25.03.2019 and certain altercation took place between the Inspector of Police, Thanthonimali Police Station, Karur District near the office of the Returning Officer for the Lok Sabha Constituency.

3. Considering the allegations made in the FIR and the fact that the petitioner claims that he was under the bonafide impression that his vehicle was third vehicle in the convoy, I am of the opinion that this is a fit case for grant of anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/

4. Hence, this petition is allowed and 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 of receipt of a copy of the order, before the learned Judicial Magistrate-I, Karur, 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, as the case may be. The petitioner shall cooperate with the investigation and appear before the Police as and when required for interrogation. Needless to say that the petitioner shall not create any un-pleasant situations during the campaign in future.

-sd/- 01/04/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE NO.I KARUR 2 THE CHIEF JUDICIAL MAGISTRATE KARUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THANTHONIMALAI POLICE STATION, KARUR DISTRICT +1 CC to Public Prosecutor SR.NO.6716 CRL OP(MD).4778/2019 Date :01/04/2019 cm 04/04/2019 https://hcservices.ecourts.gov.in/hcservices/