CRL OP(MD)/18053/2017 of MUNEESHWARAN @ ESHWARAN, 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 SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18053 of 2017

MUNEESHWARAN @ ESHWARAN ... PETITIONER/SOLE ACCUSED

Vs

STATE REP.BY,THE INSPECTOR OF POLICE, SUBRAMANIAPURAM POLICE STATION, MADURAI CITY.

IN CR.NO.996 OF 2017 ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.K.PAULMURUGAN Advocate For Respondent : 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 offence punishable under Sections 341, 294(b), 323, 379of IPC (NP) in Crime No.996 of 2017 on the file of the respondentpolice, the petitioner has come forward with this petition seekinganticipatory bail.

2. The case of the prosecution is that since defactocomplainant refused to give money to the petitioner, the petitionerassaulted the defacto complainant and used with filthy language.Hence, a case has been registered against the petitioner.

4. The learned counsel for the petitioners submitted that thepetitioner is innocent and he has been falsely implicated in thiscase.

5.Learned Government Advocate (Crl. Side) would submit thatthe petitioner has no previous case and no injury has been causedin the occurrence.

6. Considering the facts and circumstances of the case andtaking note of the fact that the petitioner has no previous case,this Court is inclined to grant anticipatory bail to the petitioner.https://hcservices.ecourts.gov.in/hcservices/

7. Accordingly, the petitioner is ordered to be released on bail 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 the Judicial Magistrate No.IV, Madurai, on his executing abond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with twosureties each for a like sum to the satisfaction of therespondent police or the police officer who intends to arrest or tothe satisfaction of the Magistrate concerned and on furthercondition that:

[a] the petitioner shall report before the respondentpolice daily at 10.30 a.m. for a period of two weeks and thereafteras and when required for interrogation.

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

[c] the petitioner shall not abscond either duringinvestigation 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 theMagistrate/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

/ TRUE COPY /

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

TO

1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI

2 THE CHEIF JUDICIAL MAGISTRATE, MADURAI

3 THE INSPECTOR OF POLICE, SUBRAMANIAPURAM POLICE STATION, MADURAI CITY. SUBRAMANIAPURAM POLICE STATION, MADURAI CITY.

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

+1. CC to M/S.K.PAULMURUGAN Advocate SR.No.37097