Santhankumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) Nos.1033 and 1038 of 2019 SANTHANKUMAR ... PETITIONER / ACCUSED No.2 IN BOTH PETITIONS Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE KEELAKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

Crime No.14/2019 ... RESPONDENT / COMPLAINANT CRL OP(MD) No.1033 of 2019 STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE KEELAKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

Crime No.15/2019 ... RESPONDENT / COMPLAINANT CRL OP(MD) No.1038 of 2019 For Petitioner : Mr.P.MANIKANDAN Advocate IN BOTH PETITIONS For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) IN BOTH PETITIONS 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 alleged offences punishable under Sections 294(b), 323 and 506(ii) of IPC, in Cr.No.14 of 2019 and for the alleged offences punishable under Sections 294(b), 323, 324 and 506 (ii) of IPC in Cr.No.15 of 2019, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the accused used filthy language and assaulted the defacto complainant and threatened him with dire consequences.

3. The learned counsel for the petitioner would submit that the petitioner is innocent person and he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that for the very same occurrence, two different cases have been registered.

4. The learned Government Advocate (Crl.side) would submit that no one sustained injury in the alleged occurrence.

5. Taking into consideration the facts of the case and the submissions by learned counsels and that no one sustained injury in the alleged occurrence, this Court is inclined to grant anticipatory bail to the petitioner.

6. 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, Ramanathapuram on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioner failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 24/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, RAMANATHAPURAM.

2.THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, KEELAKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to Mr.P.MANIKANDAN Advocate SR.Nos.1320,1321

ORDER

IN CRL OP(MD) Nos.1033 and 1038 of 2019 Date :24/01/2019 TK/PN/SAR-4/01.02.2019/3P/7C