Satham Usain @ Cylinder, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2199 of 2018 SATHAM USAIN @ CYLINDER ... PETITIONER /1st ACCUSED Vs THE INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, THOOTHUKUDI DT.

CR.NO.26 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.N.PRAGALATHAN 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 offence punishable under Sections 341, 294 (b), 323 & 506(ii) IPC in Crime No.26 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that due to some dispute, the petitioner along with three other accused persons have slapped and kicked the de facto complainant and thereby caused injury to him. Hence, the present case has been registered.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has not committed any offence as alleged by the prosecution and he is no way connected with the offences, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) submitted that the injured has been discharged from the hospital. According to him the investigation is still pending.

5.The submissions made by the learned counsels appearing on either side are considered. It is alleged that during the time of occurrence, due to some dispute, the petitioner along with three other accused persons have slapped and kicked the de facto complainant and thereby caused injury to him. As per the submissions of the learned Government Advocate (Crl.side), the

person, who sustained injuries at the time of occurrence, was discharged from the hospital after completing treatment. Apart from that, except Section 506 (ii) IPC, the other offences mentioned in the petition are bailable in nature. Accordingly, custodial interrogation may not be necessary for completing the investigation. 6.Taking the above said aspects into consideration and having regard to the nature of offence committed by the petitioner, 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 of receipt of a copy of this order, before the learned Judicial Magistrate Court, Tiruchendur, Thoothukudi Distirct 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 10.00 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 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/- 13/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR, THOOTHUKUDI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, THOOTHUKUDI DISTRICT .

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.N.PRAGALATHAN Advocate SR.No.2379 GNS JAM/16/02/2018/PM-PN/ SAR 1 /3P-6C

ORDER

IN CRL OP(MD) No.2199 of 2018 Date :13/02/2018