CRL OP(MD)/23649/2013 of ANAND 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 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 / COMPLAINANTFor 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 therespondent police for the alleged commission of offences punishableunder sections 436, 294(b), 506(ii) and Section 3 of TNPPDL Act, inCrime No.193 of 2013 on the file of the respondent police, seeksanticipatory bail.

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

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

4.Be that as it may, this Court directs the petitioner todeposit a sum of Rs.25,000/- (Rupees twenty five thousand only) tothe credit of crime No.193 of 2013 on the file of the respondentpolice before the learned Judicial Magistrate, Manamadurai towardsthe damages suffered by the defacto complainant and the same may begiven to the defacto complainant, in the event of conviction of thehttps://hcservices.ecourts.gov.in/hcservices/petitioner. In the event of acquittal, the petitioner will beentitled to refund.

5.On such deposit, the petitioner is directed to be released onbail, in the event of arrest or on his appearance before the learnedJudicial Magistrate, Manamadurai and on executing a bond for a sumof Rs.10,000/- (Rupees ten thousand only) with two sureties each fora like sum to the satisfaction of the learned Magistrate concernedand on further condition that the petitioner shall appear before therespondent police daily at 10.00 a.m. for a period of two weeks andthereafter as and when required for interrogation. The petitionershall comply with the conditions stipulated under Section 438Cr.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.)

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