Madras High CourtCRL OP(MD)/2312/2018ordered

Vicky @ Vigneswaran v. The Inspector Of Police

2018-02-14Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2312 of 2018 VICKY @ VIGNESWARAN ... PETITIONER/ACCUSED No.1 Vs STATE THROUGH THE, THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.39/2018) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.S.RAJESWARI, Advocate For Respondent : M/S.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/A1, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 294 (b), 323, 506(ii) I.P.C, in Crime No.39 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 06.02.2018, when the defacto complainant was standing near by his house with bycycle, at that time, the petitioner was riding his motor cycle, dashed against the defacto complainant's by-cycle, due to which, there was a wordy quarrel arose between the petitioner and the defacto complainant. Subsequently, the petitioner along with his parents went to the defacto complainant's house, abused him by using filthy language and assaulted the defacto complainant and his mother. Hence, a case has been registered against the petitioner and other accused.

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

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 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 and his family members assaulted the defacto complainant and his mother, thereby, they sustained simple injuries. Except Section 506(ii) I.P.C., all the other petition mentioned offences are bailable in nature. Therefore, considering the nature of offence committed by the petitioner, 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.

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, Manamadurai, 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 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 petitioners 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/- 14/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MANAMADURAI, SIVAGANGAI DISTRICT 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, SIVAGANGAI.

3 THE INSPECTOR OF POLICE THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.S.RAJESWARI Advocate SR.No.2433

ORDER

IN CRL OP(MD) No.2312 of 2018 Date :14/02/2018 PK/RR-CSL/SAR-3/19.02.2018 : 3P/6C