Chandran, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.296 of 2018 CHANDRAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE, CHINNAKOVILANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.03 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SOLAISAMY Advocate For Respondent : M/S.S.BHARATHI Govt. 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 offence punishable under Sections 341, 294 (b), 324 & 506 (ii) of IPC in Crime No.03 of 2018 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that for purchasing sand, the de facto complainant gave amount to the petitioner, but the petitioner neither supplied sand nor repaid the amount. Hence, a wordy quarrel arose between them and that the petitioner assaulted the de facto complainant and also threatened him with dire consequences and thereby caused injury. Therefore, the present case is registered against the petitioner herein.

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 and the investigation is still pending.

5.The submissions made by the learned counsel on either side are considered. This case has been registered for the offences punishable under Section 341, 294(b), 324 & 506 (ii) of IPC. Except Section 506(ii) IPC all other offences are bailable in nature. The learned Government Advocate (Crl.side) submitted that the person who sustained injuries at the time of the alleged occurrence, was https://hcservices.ecourts.gov.in/hcservices/

discharged from the hospital. Hence, there is no scope for altering the Section of law in future.

6.Taking all the above said aspects into consideration and having regard to the nature of offence, 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarankovil, on condition that each of 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 10.30 a.m. for a period of one month 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/- 09/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, CHINNAKOVILANKULAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SOLAISAMY Advocate SR.No.454 ORDER IN CRL OP(MD) No.296 of 2018 Date :09/01/2018 MKV-VC-SAR 2/11.1.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/