S.Shanmugam, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1332 of 2018 S.SHANMUGAM ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THROUGH THE SUB INSPECTOR OF POLICE, ANNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.

(IN CR.NO.10 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.P.GANAPATHI SUBRAMANIAN 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 / A2, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 324 & 506(ii) IPC in Crime No.10 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioner along with other accused have assaulted the de facto complainant and caused injuries. Hence, the present case has been registered.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has not committed any offence as alleged by the prosecution and he is no way connected with the offences, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) submitted that the injured person has already been discharged from the hospital. According to him, investigation is still pending. 5.The submissions made by the learned counsel on either side are considered. It is alleged that during the time of occurrence, due to previous enmity, the petitioner along with other accused have assaulted the de facto complainant. As per the submissions of the learned Government Advocate (Crl.side), the person, who sustained injury, at the time of occurrence, was discharged from the hospital after completing treatment. Apart from that, except Section 506

(ii) IPC the other offences mentioned in the petition are bailable in nature. Accordingly, custodial interrogation may not be necessary for completing the investigation.

6.Taking the above said aspects into consideration and having regard to the nature of offence committed by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner 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, Keeranur, on condition that the petitioner 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 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/- 01/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKOTTAI DISTRICT

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT 3 THE SUB INSPECTOR OF POLICE, ANNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI GNS +1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.1866 JAM/12/02/2018/PM-PN/ SAR 4/ 3P-6C

ORDER

IN CRL OP(MD) No.1332 of 2018 Date :01/02/2018