CRL OP(MD)/23577/2013 of PATHALAMUTHU Vs THE INSPECTOR OF POLICE on 30 December 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Monday, the Thirtieth day of December Two Thousand ThirteenPRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23577 of 2013

PATHALAMUTHU ... PETITIONER/ACCUSED NO.2

Vs

THE STATE REP BYTHE INSPECTOR OF POLICE KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT CRIME NO. 196/2013 ... RESPONDENT/ COMPLAINANT

For Petitioner : M/S.P.T.RAMESH RAJA AdvocateFor Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is the sole accused and apprehending arrest atthe hands of the respondent police for the alleged commission ofoffence punishable under section 353 IPC, in Crime No.196 of 2013 onthe file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner isrunning a tea stall, and on 24.12.2013, when the defactocomplainant, who is the Head Constable asked the petitioner, toclose the shop, there was a wordy quarrel between them.

3. Learned counsel appearing for the petitioner would submitthat the complaint itself is false and concocted and the petitionerhas nothing to do with the alleged commission of offence.

4. Heard the learned counsel appearing for the petitioner andthe learned Government Advocate(Crl. Side) appearing for the stateand also perused the entire materials available on record.

https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this isa fit case for granting anticipatory bail to the petitioner.Accordingly, the petitioner is ordered to be released on bail in theevent of arrest or on his appearance before the learned JudicialMagistrate, Srivaigundam and on executing a bond for a sum ofRs.10,000/- (Rupees ten thousand only) with two sureties each for alike sum to the satisfaction of the learned Magistrate concerned andon further condition that the petitioner shall report before therespondent police daily at 11.00 a.m. for a period of two weeks andthereafter, as and when required, for interrogation. The petitionershall comply with the condition stipulated under Section 438 Cr.P.C.scrupulously.

6. The petitioner shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready failing which, the petition for anticipatory bail standsdismissed.

sd/-

30/12/2013

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1.THE JUDICIAL MAGISTRATE SRIVAIGUNDAM

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT

3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI4.THE INSPECTOR OF POLICE KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT.+1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.64413RL/6 C- 2/1/2014