BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.20843 of 2016 ESAKKI ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, TUTICORIN DISTRICT ... RESPONDENT / COMPLAINANT CRIME NO. 439 OF 2016 For Petitioner : M/S.POLEX LEGAL SOLUTIONS Advocate For Respondent : M/S.S.PRABHA, Govt. 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 for the alleged offence punishable under Sections 294(b), 324, 506(ii) I.P.C in Crime No.439 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police. 3. The case of the prosecution is that on 24.10.2016, due to a wordy quarrel between the petitioner and the defacto complainant, the petitioner used filthy language and attacked the petitioner with deadly weapons and also made a life threat. 4. According to the learned counsel for the petitioner, the petitioner is innocent of the offence alleged against him and he has been falsely implicated in this case. 5. Learned Government Advocate (Crl. Side) submitted that the defacto complainant ran away from the Government Hospital, in which she was taking treatment without any intimation. 6. Considering the nature of the offence and the fact that the defacto complainant is no longer taking treatment in the hospital, the petitioner is ordered to be released on bail in the https://hcservices.ecourts.gov.in/hcservices/ event of his arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Kovilpatti, subject to the following conditions: (i) 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 to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the Magistrate concerned; (ii) the petitioner shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter, as and when required and he shall not leave Tamil Nadu; (iii)The petitioner shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial; (v) on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 02/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.3) TO 1 THE JUDICIAL MAGISTRATE II KOVILPATTI, THOOTHUKUDI DISTRICT. 2 -DO THROUGH- THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, TUTICORIN DISTRICT 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.POLEX LEGAL SOLUTIONS Advocate SR.No.65066 ORDER IN CRL OP(MD) No.20843 of 2016 Date :02/11/2016 ANR/PV/SAR3/04.11.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/