Madras High CourtCRL OP(MD)/1872/2018ordered

Andi Ambalam v. The Inspector Of Police

2018-02-07Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1872 of 2018 1 ANDI AMBALAM 2 V.MANOJ KUMAR ... PETITIONERS / A1 & A2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT (CRIME NO. 1029 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.M.A.JINNAH 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/A1 & A2, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323 and 506(i) of I.P.C., in Crime No.1029 of 2017, seek anticipatory bail.

2. The case of the prosecution is that due to the money dispute, the petitioners waylaid the defacto complainant and assaulted him by using wooden stick, further they abused by using filthy language. Hence, the case has been registered for the above said offences.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the injured has already been discharged from the hospital and further submitted that the investigation is still pending.

5. The submissions made by the learned counsels appearing for either side are considered. It is alleged that during the time of occurrence, due to money dispute, the petitioners and some other accused waylaid the defacto complainant and abused him by using filthy language. Subsequently, on the same day, at the second time, the petitioners assaulted the defacto complainant by using wooden stick. According to the prosecution, as of now, the person, who https://hcservices.ecourts.gov.in/hcservices/

sustained injury at the time of alleged occurrence was discharged from the hospital after completing treatment. Hence, custodial interrogation of the petitioners 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 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, Melur, 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 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.m., for a period of three weeks and thereafter, as and when required for interrogation;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioners shall not abscond either during investigation or trial;

(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 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/- 07/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.S.M.A.JINNAH Advocate SR.No.2102 ORDER IN CRL OP(MD) No.1872 of 2018 Date :07/02/2018 MKV-CM-SAR 2/14.2.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/