M.Srinivasan, Aged 45 Years v. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.19197 of 2018 1 M.SRINIVASAN [ PETITIONER / ACCUSED ] 2 B.ANBU 3 P.LOGANATHAN Vs INSPECTOR OF POLICE, [ RESPONDENT ] T-1 AMBATTUR POLICE STATION, CHENNAI - 53.

CR.NO.1515 OF 2018 For Petitioner : M/S.H.SURESH BAABU 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 petitioners seek anticipatory bail in Crime No.1515 of 2018 registered by the respondent police for the offence punishable under Sections 314, 447, 294(b), 324 and 506(ii) of IPC.

2. The case of the prosecution as per the de-facto complainant is that due to a wordy quarrel, the petitioners abused him with filthy language and also assaulted the defacto complainant and his brother.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Additional Public Prosecutor would submit that due to a wordy quarrel, the petitioners abused the defacto complainant with filthy language and also assaulted the defacto complainant and his brother. He would submit that there is no previous case against the petitioners. He would further submit that the injured have been discharged from the hospital.

5. Taking into consideration the facts of the case and the submissions made by the counsels, 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, Ambattur, on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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/- 01/08/2018 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, AMBATTUR

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

4 INSPECTOR OF POLICE, T-1 AMBATTUR POLICE STATION, CHENNAI - 53.

+1 CC to M/S.H.SURESH BAABU Advocate on payment of necessary charges SR.NO. 14323 CRL OP.19197/2018 Date :01/08/2018 RD 07/08/2018