Muthupandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.179 of 2019 MUTHUPANDI ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE KOVILANKULAM POLICE STATION, RAMNAD DISTRICT CRIME NO.62/2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.J.CHAKKARAVARTHY Advocate For Respondent : MR.K.SUYAMBULINGA 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 alleged offences punishable under Sections 448, 294(b), 323 and 506(i) of IPC r/w. Section 4 of TNPHW Act in Cr.No.62 of 2018 seeks anticipatory bail.

2. The case of the prosecution is that the petitioner trespassed into the house of the defacto complainant abused the defacto complainant, assaulted him and threatened him with dire consequences

3. The learned counsel for the petitioner would submit that it is a case in counter and on the complaint given by the petitioner, the case was also registered against the de-facto complainant . He would further submit that the injured has also been discharged from the hospital.

4. The learned Government Advocate(Crl.Side) would submit that due to previous enmity between the parties, case and counter case have been lodged by the respective parties. He would further submit that the injured had been discharged from the hospital.

5. Taking into consideration the facts of the case and the

submissions by learned counsels and that the injured has been discharged from the hospital,this Court 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 their appearance, before the learned District Munsif cum Judicial Magistrate, Kamuthi , Ramanathapuram District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fail 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 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/- 07/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE KOVILANKULAM POLICE STATION, RAMNAD DISTRICT

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.S.J.CHAKKARAVARTHY Advocate SR.No.349

ORDER

IN CRL OP(MD) No.179 of 2019 Date :07/01/2019 MSI/PN/SAR-I/09.01.2019-3P/6C