Ramachandiran, Aged 37 Years v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.16146 of 2018 1 RAMACHANDIRAN [ PETITIONERS / ACCUSED ] 2 MATHANRAJ Vs THE STATE REP. BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, NAMAKKAL DISTRICT.
CR.NO.103 OF 2018 For Petitioner : M/S.A.S.PRABU Advocate For Respondent : MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 and 506(i) of IPC, in Crime No.103 of 2018, seek anticipatory bail.
2. The case of the prosecution as per the de-facto complainant is that due to civil dispute, the petitioners assaulted the defacto complainant and abused him with filthy language.
3. The learned counsel for the petitioners would submit that due to civil dispute, a false complaint has been given against the petitioners. He would further submit that it is a case in counter and on the complaint given by the petitioners, the case was also registered in Crime No.102 of 2018 against the defacto complainant.
4. The learned Additional Public Prosecutor submitted that it is a case in counter and that due to civil dispute, the petitioners abused and assaulted the defacto complainant. He would submit that the injured has been discharged from the hospital.
5. Taking into consideration the facts of the case and the submissions made by the counsels and also taking note of the fact that the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners subject to
the following conditions:
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rasipuram, on condition that each of 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 said Magistrate, on further condition that:
[a] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this Order shall stand automatically cancelled.
[b] the petitioners shall report before the respondent police daily at 10.30.a.m until further orders;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 25/06/2018 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, RASIPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, NAMAKKAL DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.A.S.PRABU Advocate on payment of necessary charges in SR.NO. 11473 CRL OP.16146/2018 Date :25/06/2018 MLT-29/06/2018