Karthik, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3603 of 2018 1 KARTHIK, 2 MADHUMARAN, ... PETITIONERS / ACCUSED 1&2 Vs THE INSPECTOR OF POLICE, DHEVARKULAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.36 OF 2018. ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.S.GOKUL RAJ Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners / A1 & A2, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 294 (b), 323 and 506(ii) I.P.C., in Crime No.36 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the petitioners were working as Machanic in a company run by the defacto complainant before the occurrence. Due to dereliction of duty, the petitioners were terminated from the company, for which, there was a wordy quarrel arose between the petitioners and the defacto complainant. Consequently, the petitioners assaulted the defacto complainant with wooden log. Hence, a case has been registered for the above said offences.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they have been falsely implicated, further added that they have not committed any offence as alleged, and pleads for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate(Criminal Side) appearing for the State submitted that the injured has been discharged from the

hospital, after completing the treatment. According to him, investigation is still pending.

5.The submissions made by the learned counsel appearing on either side are considered. It is alleged during the time of occurrence, the petitioners assaulted the defacto complainant with wooden log, thereby, he sustained injury. According to prosecution, as of now, the injured has been discharged from the hospital, after completing the treatment. Further, except under Section 506(ii) I.P.C., all other petition mentioned offences are bailable in nature. So, considering the facts and circumstances of the case, custodial interrogation of the petitioners may not be necessary for completing the investigation, hence, this Court is inclined to grant anticipatory bail to the petitioners.

Accordingly, they are 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 No.III, Tirunelveli, on condition that the petitioners shall execute a bond for a sum of Rs.

(i)the petitioners shall report before the respondent police daily at 10.00 a.m. for a period of three weeks, thereafter, as and when required for interrogation.

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 08/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MSA TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, DHEVARKULAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.GOKUL RAJ Advocate SR.No.3727 GJM/VR/SAR-2-19.3.18-3P-6C

ORDER

IN CRL OP(MD) No.3603 of 2018 Date :08/03/2018