Kan Elango v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2007 of 2018 KAN ELANGO ... PETITIONER/ACCUSED No.1 Vs STATE THROUGH THE INSPECTOR OF POLICE RAMESHWARAM KOVIL POLICE STATION, RAMANATHAPURAM DISTRICT (IN CRIME NO.03 OF 2018) ... RESPONDENT For Petitioner : M/S.R.ALAGUMANI 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/A1, who apprehends arrest at the hands of the respondent police for the offences under Sections 147, 294(b), 447 and 506(i) I.P.C., in Crime No.03 of 2018, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 25.01.2018, the petitioner and other accused conducted agitation, criminally intimated the defacto complainant and abused him by using filthy language. Hence, the defacto complainant lodged a complaint before the respondent police.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has been falsely implicated in this case , further added that he has not involved in the alleged occurrence. Hence, he prays for anticipatory bail. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that the during the time of occurrence, no one sustained injury. According to him, investigation is still pending.

5. Upon considering the arguments advanced by either side, it is alleged that during the time of occurrence, the petitioner along with other accused made agitation against the defacto complainant

and abused the defacto complainant by using filthy language. According to prosecution, during the time of occurrence, no one sustained injury. Apart from that, except 506(i) I.P.C., all other petition mentioned offences are bailable in nature. Hence, custodial interrogation of the petitioner may not be necessary for completing the investigation. Therefore, for the reasons stated above, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, he 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, Rameshwaram, 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, 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/- 08/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

msa TO 1 THE JUDICIAL MAGISTRATE, RAMESHWARAM 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE RAMESHWARAM KOVIL POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.ALAGUMANI Advocate SR.No.2182

ORDER

IN CRL OP(MD) No.2007 of 2018 Date :08/02/2018 SMA/PM-PN/SAR-4/13.02.2018:3P/6c