Madras High CourtCRL OP(MD)/1651/2018ordered

R.Sekar @ Krishna Kumar, v. The Inspector Of Police,

2018-02-02Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1651 of 2018 R.SEKAR @ KRISHNA KUMAR, ... PETITIONER/ACCUSED No.3 Vs THE STATE REP BY THE INSPECTOR OF POLICE, THIRUPPULLANI POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO.79/2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.BOOPATHI PANDIYAN 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/A3, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 341, 324, 427 and 506(i) of IPC., in Crime No.79 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that on 15.05.2017, due to the quarrel arose between the petitioner and the defacto complainant at the time of temple festival, the petitioner and other accused assaulted the defacto complainant and caused injuries. Hence, the case has been registered for the above said incident.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He would further submit that the petitioner has been falsely implicated in this case. Hence, he prayed for anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent on instructions, would submit that totally there are eight accused in this case. The petitioner is arrayed as A3. He further submitted that the injured has been discharged from the hospital. According to the prosecution, the investigation is in progress.

5. The submissions made by the learned counsel on either side are considered. It is alleged that due to the dispute arose between the petitioenr and the defacto complainant at the time of temple festival, the petitioner herein along with other accused assaulted the defacto complainant. According to the prosecution, the person, who sustained injury during the time of alleged occurrence was discharged from the hospital after completing treatment. Further except the offence under Section 506(i) of IPC., all other petition mentioned offences are bailable in nature. Hence, custodial interrogation may not be necessary for completing the investigation. Therefore, considering the above facts and circumstances, 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 on which the order copy is made ready, 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 10.30 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 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/- 02/02/2018 / 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 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM 3 THE INSPECTOR OF POLICE, THIRUPPULLANI POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.BOOPATHI PANDIYAN Advocate SR.No.1835

ORDER

IN CRL OP(MD) No.1651 of 2018 Date :02/02/2018 SMA/RR-CSL/SAR-3/08.02.2018:3P/6c