Rajeshkanna, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1038 of 2018 RAJESHKANNA ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, UCHAPULI POLICE STATION, RAMANATHAPURAM.

(*)(CRIME NO. 7 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.R.THAMOTHAR RAJ Advocate For Respondent : MR.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Rank not known, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections (*)294(b), 327 & 506(ii) I.P.C., in Crime No. 7 of 2018, on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant gave her jewels to the petitioner for availing loan. After, repaying the said loan amount, the petitioner did not return the jewels, hence, there was a wordy quarrel arose between the husband of the defacto complainant and the petitioner. At that time, the petitioner assaulted the defacto complainant's husband with sickle and caused grievous injuries. Hence, the defacto complainant lodged a complaint before the respondent Police.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has been falsely implicated in this case, he has not committed any offence as alleged, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate(Criminal Side) appearing for the respondent police submitted that investigation is not completed.

5.The submissions made by the learned counsel on either side are considered. According to prosecution, as of now, the respondent Police registered a case against the petitioner/accused for the offence under sections (*)294(b), 327 and 506(ii) I.P.C., in which, the offence under Section 506(ii) alone is non-bailable. So, considering the nature of the offence made by the petitioner, custodial interrogation of the petitioner is not necessary for completing the investigation, hence, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, he 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 No.

I, Ramanathapuram on condition that the petitioner shall execute a bond for a sum of Rs.

(i) the petitioner shall report before the respondent police daily at 10.00 a.m for a period of three weeks and thereafter as and when required for interrogation. (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and 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].

sd/- 25/01/2018 (*)Amended as per order of this Hon'ble Court made in CRL.MP(MD).569/18 in CRL OP(MD).1038/18 dated 25/01/2018 by RPAJ.

/ TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, UCHAPULI POLICE STATION, RAMANATHAPURAM.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.R.THAMOTHAR RAJ Advocate SR.No.1375 ORDER IN CRL OP(MD) No.1038 of 2018 Date :25/01/2018 MKV-CM-VR-SAR 4/6.2.2018/3P-6C