Irulandi v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of September Two Thousand Eighteen PRESENT THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD) No.15663 of 2018 IRULANDI ... PETITIONER / SOLE ACCUSED Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, PERAIYUR, MADURAI DT., 2 STATE REP BY THE INSPECTOR OF POLICE T. KALLUPATTI POLICE STATION, MADURAI DISTRICT.

(CR NO. 138 OF 2018) ... RESPONDENTS / COMPLAINANTS 3 PERIYANATCHI ... RESPONDENT / DEFACTO COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : MR.V.NEELAKANDAN, ADDL. PUBLIC PROSECUTOR 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 offences punishable under Sections 342, 294(b), 323, 436, 506(i) IPC and Section 3(1) (x) of SC/ST Act, in Crime No.138 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that due to money dispute, the petitioner abused the defacto complainant by using her caste name. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that investigation is pending. 5.Considering the fact that except SC/ST Act, other offences are not serious in nature, this Court, by following the judgment of the Apex Court reported in (2018) 6 Supreme Court Cases 454-Subash Kashinath Mahajan V.State of Maharashtra, 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 III Additional District Sessions Judge (PCR Court), Madurai 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 Judge concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioner shall appear before the concerned Judge 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 dismissed.

sd/- 05/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE III ADDITIONAL DISTRICT SESSIONS JUDGE (PCR COURT), MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE DEPUTY SUPERINTENDENT OF POLICE, PERAIYUR, MADURAI DT.,

4 THE INSPECTOR OF POLICE T. KALLUPATTI POLICE STATION, MADURAI 5 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.17001

ORDER

IN CRL OP(MD) No.15663 of 2018 Date :05/09/2018 TR/VR MMS/SAR-2 (11/09/2018) 3P/7C