M.Ragunath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2537 of 2019 M.RAGUNATH ... PETITIONER / ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT.

CRIME NO.39/2019 ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.MANICKARAJ Advocate For Respondent : MR.S.SUYAMBULINGA BHARATHI, Government 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), 307, 323, 324 and 341 IPC in Cr.No.39 of 2019, on the file of the respondent police, seeks anticipatory bail.

2.It is the case of the prosecution that there was a dispute between the accused persons and the defacto complainant, with regard to the parking of the vehicle and due to the same, all the accused persons attacked the defacto complainant. Hence, the complainant. 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent person. He would further submit that this Court granted anticipatory bail to the co-accused in Crl.O.P.(MD)No.2086 of 2019, dated 08.02.2019 and hence, he would pray for anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that investigation is pending.

3.Considering the facts and circumstances of the case and considering the fact that the co-accused enlarged with anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner. 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, Melur, Madurai District, 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 a.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/- 19/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.M.JEGADEESPANDIYAN, Advocate SR-3384

ORDER

IN CRL OP(MD) No.2537 of 2019 Date :19/02/2019 JM/VR/SAR 2/25.02.2019/3P/6C