Amarnath v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice KRISHNAN RAMASAMY CRIMINAL ORIGINAL PETITION No.30388 of 2018 1 AMARNATH [ PETITIONERS / ACCUSED ] 2 M.VENGATACHALAM 3 SARATHKUMAR 4 SUNDARRAJ Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, BELUKURICHI POLICE STATION, NAMAKKAL DISTRICT.

CR.NO.187 OF 2018 For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : MR.T.SHUNMUGA RAJESWARAN Govt. Advocate ( Crl. Side) 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 offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC in Crime No.187 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the 1st petitioner and other accused were drinking alcohol near the temple and the same was questioned by the defacto complainant, due to which a wordy quarrel arose and the 1st petitioner along with other accused attacked the defacto complainant. Hence, the compliant.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate would submit that the petitioners are A1, A5, A6 and A7. As far as the 1st petitioner is concerned he has 3 previous cases pending against him. He would also submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5.Considering the above facts and circumstances, and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 on which the order copy made ready, before learned Judicial Magistrate, Rasipuram on condition that the petitioners 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 this Court concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

[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 herself 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 229A IPC.

-sd/- 27/12/2018 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, BELUKURICHI POLICE STATION, NAMAKKAL DISTRICT.

+1CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR NO.24958 CRL OP.30388/2018 Date :27/12/2018 MK:31/12/2018