Chandra Kumar @ Chanthirakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1873 of 2018 1 CHANDRA KUMAR @ CHANTHIRAKUMAR 2 ARUNPRASANTH 3 PANJACHARAM @ PANCHASARAM 4 ANBUSELVI ... PETITIONERS/ACCUSED 1,3,4& 5 Vs THE STATE THROUGH THE INSPECTOR OF POLICE CHATRAKUDI POLICE STATION, IN CR.NO. 20/2018 RAMANATHAPURAM ... RESPONDENT / COMPLAINANT For Petitioners : M/S.A.ARPUTHA RAJ Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A-1,A3,A4 & A-5, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.20 of 2018, seek anticipatory bail.

2.The case of the prosecution is that due to the civil dispute, the petitioners assaulted the defacto complainant and her family members, due to which, the defacto complainant sustained injury. Hence, the defacto complainant lodged a complaint before the respondent police against the petitioners.

3.The learned counsel appearing for the petitioners submitted that due to the land dispute, the defacto complainant and her husband beaten the petitioners, abused them by using filthy language. Hence, case has been registered against the defacto complainant in Crime No.21 of 2018. He further submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail.

4.The learned Government Advocate (Criminal Side) appearing for the State submitted that during the time of occurrence, the person who sustained injury has been discharged from the hospital. According to him, investigation is still pending. 5.Upon considering the arguments advanced by either side, it is alleged that the petitioners assaulted the defacto complainant and sustained injury. It is a case of case in counter. According to prosecution, the person who sustained injury has been discharged from the hospital after completing the treatment. So, custodial interrogation of the petitioners may not be necessary for completing the investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

Accordingly, they 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, Paramakudi, Ramanathapuram District, on condition that the petitioners shall execute a bond for a sum of Rs.

(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 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/- 09/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

msa TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE CHATRAKUDI POLICE STATION, RAMANATHAPURAM 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.ARPUTHA RAJ Advocate SR.No.2213 GJM/RR/CSL/SAR-2-14.2.18-3P-6C

ORDER

IN CRL OP(MD) No.1873 of 2018 Date :09/02/2018