Jhonson 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.1235 of 2018 1 JHONSON 2 JEYARAJ 3 DURAISINGH ... PETITIONERS / ACCUSED Rank Not Known Vs THE STATE REPRESENTED BY ITS THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, TUTICORIN DISTRICT.
CR. NO. 9/2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.S.SENTHIL SANKARA NATHA KUMAR 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 petitioners/Accused, who apprend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323 and 506(ii) of IPC., in Crime No.9 of 2018, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 14.01.2018, when the defacto complainant and his friend was riding in his bike, the petitioner and other accused abused them using filthy language and assaulted the defacto complainant and caused injuries. Hence, the case has been registered against the petitioners for the above incident.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution, they are no way connected with the alleged occurrence. He further submitted that the petitioners have been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent on instructions, would submit that the injured has been discharged from the hospital and taking treatment as outpatient. He further submitted that the investigation is still
pending.
5. The submissions made by the learned counsel on either side are considered. According to the prosecution, the person, who injured during the time of alleged occurrence was discharged from hospital and taking treatment as out patient. Except Section 506 (ii) IPC, all the other petition mentioned offences are bailable in nature. Accordingly, custodial interrogation is not necessary for completing the investigation. Therefore, considering the above facts and circumstances, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Sathankulam, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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) the petitioners shall report before the respondent police daily at 10.00 a.
(iv) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioners shall stand automatically cancelled and 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].
sd/- 25/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM, TUTICORIN DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, TUTICORIN DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.SENTHIL SANKARA Advocate SR.No.1341 JAM/01/02/2018/RR/ SAR 1/ 3P-6C
ORDER
IN CRL OP(MD) No.1235 of 2018 Date :25/01/2018