Madras High Court

CRL OP(MD)/18059/2017 of THANGAM Vs THE SUB-INSPECTOR OF POLICE on 28 December 2017

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BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.18059 of 2017 THANGAM ... PETITIONER/SOLE ACCUSED Vs 1 THE STATE REP.BY, THE SUB-INSPECTOR OF POLICE, THIRUCHULLI

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

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18059 of 2017

THANGAM ... PETITIONER/SOLE ACCUSED Vs

1 THE STATE REP.BY, THE SUB-INSPECTOR OF POLICE, THIRUCHULLI POLICE STATION, VIRUDHUNAGAR DISTRICT (CRIME NO. 376/17) ... RESPONDENT/COMPLAINANT

2 KALAISELVI ... RESPONDENT/DEFACTO COMPLAINANT

For Petitioner : M/S.A.BASKARAN Advocate For Respondents : MR.K.ANBARASAN, Government Advocate(Crl.Side)

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

ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police forthe alleged offences punishable under Sections 294(b), 324 and 506(ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition ofHarassment of Woman Act, 2002, in Crime No.376 of 2017 on the fileof the respondent police, the petitioner has come forward with thispetition seeking anticipatory bail.

2. Heard the learned counsel on either side.

3. The case of the prosecution is that on 15.12.2017, thepetitioner assaulted the defacto complainant and abused with filthylanguages.

4. It is submitted by the learned counsel for the petitionerthat the petitioner is an innocent person and he has not committedany offence and prays for anticipatory bail in favour of thepetitioner.

5. The learned Government Advocate (Crl.side) submitted thathttps://hcservices.ecourts.gov.in/hcservices/this is a case of case and counter and the investigation is pending.He further submitted that the injured discharged from the hospital.

6. Considering the facts and circumstances of the case andtaking note of the fact that the injured was discharged from thehospital, I am inclined to grant anticipatory bail to thepetitioner. Accordingly, the petitioner is ordered to be released onbail in the event of arrest or on his appearance, within a period offifteen days from the date of receipt of a copy of this order,before the learned Judicial Magistrate, Aruppukottai, on conditionthat 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 tothe satisfaction of the respondent police or the police officer whointends to arrest or to the satisfaction of the learned Magistrateconcerned and on further condition that:

[a] the petitioner shall report before the respondent Policedaily at 10:30 am until further orders.

[b] the petitioner shall not tamper with evidence or witnesseither during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioner in accordance with law as if the conditionshave been imposed and the petitioner released on bail by the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/-

28/12/2017

TO

2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT

3 THE SUB-INSPECTOR OF POLICE, THIRUCHULLI POLICE STATION, VIRUDHUNAGAR DISTRICT. THIRUCHULLI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

PK/CM/SAR-2/02.01.2018 : 2P/6C

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