Arputharaj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.1872 of 2019 ARPUTHARAJ ... PETITIONER / ACCUSED No. 1 Vs STATE REP. BY, THE INSPECTOR OF POLICE SIKKAL POLICE STATION, RAMANATHAPURAM DISTRICT CRIME NO.6/2019 ... RESPONDENT / COMPLAINANT For Petitioner : MR.P.AJU TAGORE 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 offence under Sections 294(b) and 506(i) I.P.C. in Cr.No.6 of 2019 on the file of the respondent police, seeks anticipatory bail.
2.It is the case of the prosecution that the defacto complainant is working as a Watchman of the Indian Matriculation Higher Secondary School. The petitioner and other unknown persons have entered into the school premises. When the same was questioned by the defacto complant, there was a quarrel arose between them. Hence, the defacto complainant lodged a complaint before the respondent police.
3. The learned counsel for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution.
4. The learned Additional Public Prosecutor (Crl.side) on instructions would submit that the investigation is pending. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4.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, Muthukulathur 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 learned Magistrate concerned and on further condition that:
(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioner shall report before the respondent police daily at 10.30 p.m. until further orders;
(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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 05/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE MUTHUKULATHUR, RAMANATHAPURAM DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE SIKKAL POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.P.AJU TAGORE Advocate SR.No.2499 ORDER IN CRL OP(MD) No.1872 of 2019 Date :05/02/2019 MSI/PN/SAR-I/11.02.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/