CRL OP(MD)/18041/2017 of S.BALASUBRAMANIAN, Vs THE INSPECTOR OF POLICE, on 28 December 2017

BEFORE THE MADURAI 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.18041 of 2017

S.BALASUBRAMANIAN ... PETITIONER/SOLE ACCUSED

Vs

1 THE STATE OF TAMILNADU REP BY ITS, THE INSPECTOR OF POLICE, SANKARANKOIL TOWN POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.707 OF 2017.

2 T.NITHYAKALYANI ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.ANANTH C. RAJESH 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), 323, 355 and506(ii) of IPC and Section 4 of Tamil Nadu Prohibition ofHarassment of Women Act, 2002 in Crime No.707 of 2017 on the file ofthe respondent police, the petitioner has come forward with thispetition seeking anticipatory bail.

2.Heard the learned counsel for the petitioner and thelearned Government Advocate (Crl. Side) appearing for the respondentpolice.

3.The case of the prosecution is that on 22.12.2017, due towordy quarrel, the petitioner is alleged to have attacked thedefacto complainant using broomstick and caused injuries and alsothreatened her with dire consequences, which resulted inregistration of the case.

4.Learned counsel for the petitioner would submit that thepetitioner has been falsely implicated in this case.https://hcservices.ecourts.gov.in/hcservices/

5. Learned Government Advocate (Crl.Side) submitted that theinjured has been discharged from the hospital.

6. Considering the facts and circumstances of the case andtaking note of the fact that injured has been discharged from thehospital, this Court is of the view that custodial interrogation ofthis petitioner is not necessary at this stage. Therefore, thisCourt is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released onbail in the event of his arrest or appearance, within a period offifteen days from the date of receipt of a copy of this order,before theJudicial Magistrate Court No.I, Tirunelveli, subject tothe following conditions:

(i) the petitioner shall execute a bond for a sum ofRs.10,000/- (Rupees Ten Thousand only) with two suretieseach for a like sum to the satisfaction of the respondentpolice or the police officer who intends to arrest or tothe satisfaction of the Magistrate concerned;

(ii) the petitioner shall report before the Courtconcerned daily at 10.30 a.m. for a period of two weeksand thereafter, as and when required for interrogation;

(iii) the petitioner shall not tamper with evidenceor witness either during investigation or trial;

(iv) the petitioner shall not abscond either duringinvestigation or trial;

(v) on breach of any of the aforesaid conditions,the Magistrate/Trial Court is entitled to takeappropriate action against the petitioner in accordancewith law as if the conditions have been imposed and thepetitioner released on bail by the Magistrate/Trial Courthimself as laid down by the Hon'ble Supreme Court inP.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/-

28/12/2017

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

TO

1 THE JUDICIAL MAGISRATE NO.I, TIRUNELVELI

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

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT

3 THE INSPECTOR OF POLICE, SANKARANKOIL TOWN POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.ANANTH C. RAJESH Advocate SR.No.37102