Madras High CourtCRL OP(MD)/4249/2018ordered

S.Vinoth Kumar, v. The Inspector Of Police,

2018-03-19Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.4249 of 2018 S.VINOTH KUMAR ... PETITIONER / ACCUSED No.1 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT. ... RESPONDENT / COMPLAINANT CRIME No.185 of 2018 For Petitioner : Mr.P.SUBBIAH 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 petitioner/A1, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(ii) of IPC., in Crime No.185 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is an advocate. On 09.03.2018, when the defacto complainant is in his office at the upstairs, the petitioner was sitting in the steps and shouting filthy language in inebriated condition. While the defacto complainant questioned the same, the petitioner abused the defacto complainant by using filthy language and went away. After some time, the petitioner came to the occurrence place and made a life threat to the defacto complainant and tried to attack the friends of the defacto complainant. Hence, the case has been registered for the above said incident.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been falsely implicated in this case. Hence, he prayed for anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent on instructions, would submit during the time of occurrence, nobody was injured. According to the prosecution, the

investigation is in progress.

5. The submissions made by the learned counsels appearing for either side are considered. According to the prosecution, nobody sustained injury during the time of occurrence. Further except the offence under Section 506(ii) of IPC., all other petition mentioned offences are bailable in nature. Hence, custodial interrogation may not be necessary for completing the investigation. Therefore, considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 on which the order copy is made ready, before the learned Judicial Magistrate No.I, Karur, on condition that the petitioner shall execute a bond for a sum of Rs.

25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the respondent police daily at 10.30 a.m.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioner shall not abscond either during investigation or trial;

(iv) on breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and 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 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/- 19/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT 3 THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.SUBBIAH Advocate SR.No.4493 pjl JAM/27/03/2018/ CM-VR / SAR 2 / 3p-6c

ORDER

IN CRL OP(MD) No.4249 of 2018 Date :19/03/2018