Sindhai Tamilan, M/A 44 Years, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Ninth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs Justice S. RAMATHILAGAM CRIMINAL ORIGINAL PETITION No.13179 of 2018 SINDHAI TAMILAN [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MORAPPUR POLICE STATION, DHARMAPURI DISTRICT.

CR.NO.58/2018 For Petitioner : M/S.C.PRABAKARAN Advocate For Respondent : MR.M.MOHAMED RIYAZ,ADDL.PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest for the alleged offences under Sections 341, 332, 323, 506(ii) of IPC altered into 341, 332, 353, 307 of IPC in Crime No.58 of 2018 on the file of the respondent police, seeks anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that in a celebration of Dr.Ambedkar birthday, the petitioner had assaulted the defacto complainant with and caused injury.

4. The learned counsel for the petitioner submitted that the defacto complainant being the SI abused the petitioner, threatened and forced the petitioner to remove the banner and he is no way connected with the offence and he has been falsely implicated in this case and hence, the petitioner may be granted anticipatory bail.

5. The learned Additional Public Prosecutor submitted that the injured has been discharged from the hospital and there is no previous case pending against the petitioner.

6. Taking into consideration the nature of allegations against the petitioners and that the injured has been discharged from the hospital and the fact that there is no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to

the petitioner subject to the following conditions.;

7. (i) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Harur, Dharmapuri District within a period of 15 days from the date of receipt of a copy of this order, on his executing 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 learned Magistrate concerned and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

[b] The petitioner shall report before the concerned Court at daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned 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 learned 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 09/05/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, HARUR,DHARMAPURI DISTRICT

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, MORAPPUR POLICE STATION, DHARMAPURI DISTRICT.

+1 CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges SR.NO. 9056 CRL OP.13179/2018 Date :09/05/2018 RD 10/05/2018