Suresh M/38 v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mr Justice P. RAJAMANICKAM CRIMINAL ORIGINAL PETITION No.13701 of 2018 SURESH [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, VANIYAMBADI TALUK POLICE STATION, VELLORE DISTRICT.

CR.NO.185/2018 For Petitioner : M/S.M.SATHISH KUMAR Advocate For Respondent : M/S.M.PRABHAVATHI, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) IPC in Crime No.185 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein along with other accused was selling liquors without any authorization and abused the defacto complainant with filthy language and caused injuries.

3.The learned counsel for the petitioner submitted that due to wordy quarrel, the petitioner has been falsely implicated in this case. He further submitted that the defacto complainant has sustained simple injuries and she has already been discharged from the hospital. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that totally three accused involved in this case and the petitioner herein is Accused No.1 and two other accused were absconding. She further fairly conceded that the defacto complainant has sustained only simple injuries and she has already been discharged from hospital.

5.Taking into consideration the fact that the injured has sustained only simple injuries and she has already been discharged

from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vaniyambadi, Vellore District on condition that 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) if the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation. (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 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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 23/05/2018 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, VANIYAMBADI, VELLORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VANIYAMBADI TALUK POLICE STATION, VELLORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.SATHISH KUMAR Advocate on payment of necessary charges CRL OP.13701/2018 Date :23/05/2018 MLT-24/05/2018