Madras High CourtCRL OP(MD)/23649/2013ordered

Anand v. The Inspector Of Police,

2013-12-30Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23649 of 2013 ANAND ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO. 193/2013) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.KARUPPASAMY PANDIAN Advocate For Respondent : M/S.A.P.BALASUBRAMANI, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A1 apprehends arrest at the hands of the respondent police for the alleged commission of offences punishable under sections 436, 294(b), 506(ii) and Section 3 of TNPPDL Act, in Crime No.193 of 2013 on the file of the respondent police, seeks anticipatory bail.

2.The learned Government Advocate (criminal side) would submit that the date of occurrence was on 21.10.2013 and on that day, the brother of the petitioner by name, Murugesan was done to death and it was alleged that the defacto complainant was responsible for that.

3.In sense and emotional over it, it is alleged and submitted by the learned counsel for the petitioner that the petitioner had gone to the house of the defacto complainant and caused damaged to the tune of Rs.97,000/-.

4.Be that as it may, this Court directs the petitioner to deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) to the credit of crime No.193 of 2013 on the file of the respondent police before the learned Judicial Magistrate, Manamadurai towards the damages suffered by the defacto complainant and the same may be given to the defacto complainant, in the event of conviction of the petitioner. In the event of acquittal, the petitioner will be entitled to refund.

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5.On such deposit, the petitioner is directed to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Manamadurai and on 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 respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required for interrogation. The petitioner shall comply with the conditions 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/- 30/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, SIVAGANGAI DT. 4 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.KARUPPASAMY PANDIAN Advocate SR.No.33

ORDER

IN CRL OP(MD) No.23649 of 2013 Date :30/12/2013 msm 02.01.2014 p2/6c https://hcservices.ecourts.gov.in/hcservices/