S.Umari Sankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.986 of 2021 S.Umari Sankar ... Petitioner/Accused Rank not known Vs The State Rep. by The Inspector of Police, Arumuganeri Police Station, Tuticorin District.

Crime No. 02 of 2021 ... Respondent/Complainant For Petitioner : Mr.Pandi Dorai.J, Advocate.

For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.02 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner / A6, who apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 448, 427 and 506(ii) I.P.C., on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was a political motive the petitioner and the defacto complainant, in which, the petitioner and other accused said to have quarrelled with the defacto complainant and at the time of occurrence, the petitioner and other accused using filthy language and also attacked him with stones and also threatened him with dire consequences.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that co-accused in this case were already granted bail before the lower Court. Hence, he seeks anticipatory bail.

5.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that it is a case in counter. He further submitted that the injured person has already been discharged from the hospital.

6.Considering the facts and circumstances of the case and also considering the fact that due to land dispute, the occurrence said to have taken place and co-accused in this case were already granted bail before the lower Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruchendur, Tuticorin District, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police as and when required for interrogation.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 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]; and;

(f)if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 25/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, TIRUCHENDUR, TUTICORIN DISTRICT

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3. THE INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, TUTICORIN DISTRICT.

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

ORDER

IN CRL OP(MD) No.986 of 2021 Date :25/01/2021 LS TE/JC/SAR-I : 03/02/2021 : 3P/5C