Arokiyasamy, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2202 of 2018 AROKIYASAMY, ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE, RAMJI NAGAR POLICE STATION, GTRICHY DISTRICT.

CRIME NO.(*)6/2018 ... RESPONDENT/ COMPLAINANT (AMENDED AS PER ORDER OF THIS HON'BLE COURT MADE IN CRL MP(MD)NO.1151/2018 IN CRL OP(MD)NO.2202/2018 DATED 15.02.2018 BY RPAJ) For Petitioner : M/S.B.JAMEEL ARASU 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 petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 323, 506(i), (*)379 and 354 I.P.C., in Crime No.(*)6 of 2018, seek anticipatory bail.

2.The case of the prosecution is that with regard to dispute among the teachers, the petitioner came to the defacto complainant's place and quarrelled with him, due to that, the petitioner assaulted the defacto complainant and threatened with dire consequences. Hence, a case has been registered for the above said offences.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has been falsely implicated, further added that he has not committed any offence as alleged, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate(Criminal Side) appearing for the State submitted that the injured has been discharged from the hospital, after completing the treatment. According to him, investigation is still pending.

5.The submissions made by the learned counsel appearing on either side are considered. It is alleged that during the time of occurrence, the petitioner herein assaulted the wife of the defacto complainant. Eventhough the case has been registered for the offences under Sections 294(b), 323, 379, 506(i) and 354 I.P.C., the learned counsel appearing for the petitioner submitted that in the copy of the alteration report, the offences are altered into Sections 294(b), 323, 506(i) and 354 I.P.C., in which, only Sections 506(i) and 354 I.P.C., are non bailable in nature. As of now, the person, who sustained injury has been discharged from the hospital. Thereby, custodial interrogation of the petitioner may not be necessary for completing the investigation.

Hence, considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with some stringent condition. 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 No.III, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.

(i)the petitioner shall report before the Inspector of Police, Srirangem Police Station, Trichy District, daily at 10.00 a.m. Until further orders.

(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/- 08/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

msa TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE, RAMJI NAGAR POLICE STATION, GTRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE INSPECTOR OF POLICE, SRIRANGEM POLICE STATION, TRICHY DISTRICT.

+1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.3778 GJM/VR/SAR-2-19.3.18-3P-7C

ORDER

IN CRL OP(MD) No.2202 of 2018 Date :08/03/2018