Arunkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of March Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3725 of 2018 1 ARUNKUMAR 2 SUBRAMANIAN ... Petitioners/Accused Nos.1 & 2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT, IN CR.NO. 85/2018.

... Respondent/Complainant For Petitioner : M/S.S.M.SANJAY Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 and A2 in Crime No. 85 of 2018 on the file of respondent police, for the alleged offences punishable under Sections 147, 148, 341, 294(b), 324 and 506(ii) IPC, filed this application, seek the relief for grant of anticipatory bail.

2. The case of the prosecution is that on 05.03.2018, there was a wordy quarrel arose between the petitioners and the defacto complainant. The petitioners using filthy language, threatened with dire consequences and also assaulted the defacto complainant with hand and caused injuries. Hence, the defacto complainant lodged a complaint before the respondent police. Based on the complaint, the case has been registered against the petitioners for the above said offences.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution. Further added that they are no way connected with the alleged occurrence. He further submitted that the petitioners have been falsely implicated in this case. Hence, he prays for anticipatory.

4.The learned Government Advocate (Criminal Side) appearing for the respondent on instructions, would submit that the injured has been discharged from the hospital. According to him, investigation is still pending.

5.The submissions made by the learned counsel appearing on either side are considered. According to the prosecution, the person, who sustained injury during the time of alleged occurrence have been discharged from the hospital after completing treatment. Except Section 506 (ii) IPC, all the other petition mentioned offences are bailable in nature. Accordingly, custodial interrogation may not be necessary for completing the investigation. Therefore, considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

Accordingly, the petitioners 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, Karaikudi, on condition that each of 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 and 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/- 09/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, KARAIKUDI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.S.M.SANJAY Advocate SR.No.3859.

ORDER

IN CRL OP(MD) No.3725 of 2018 Date :09/03/2018 SDS/MM-PN/SAR.3/13.03.2018/3P/6C