Raja Bagathur v. The Inspector Of Police
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.4307 of 2018 1 RAJA BAGATHUR 2 ASATH MARIYAM ... PETITIONERS / ACCUSED No.Not Known Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT (IN CRIME NO. 180 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.S.M.A.JINNAH 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, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i) of IPC., in Crime No.180 of 2018, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioners abused the defacto complainant by using filthy language, assaulted her, caused injuries and threatened her with dire consequences. Hence, the case has been registered against the petitioners for the above said incident.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they have not committed any offence as alleged by the prosecution and they are no way connected with the alleged occurrence. He further submitted that the petitioners have been falsely implicated in this case. He further added that based on the complaint given by the first petitioner, a case has been registered in Crime No.179 of 2018 against the defacto complainant. As a counter blast, this complaint was lodged against the petitioners. It is a case of case and counter. Hence, he prays for anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing
for the State on instructions, would submit that the injured has been discharged from the hospital on 18.03.2018. He further submitted that the investigation is still pending and it is a case of case in counter.
5. The submissions made by the learned counsels appearing for either side are considered. According to the prosecution, the person, who sustained injury during the time of occurrence was discharged from the hospital after completing treatment. Moreover, it is a case of case in counter. 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 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, Melur, on condition that each of the petitioners 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 petitioners shall report before the respondent police daily at 10.00 a.
(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/- 19/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT 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 PJL JAM/27/03/2018/ CM-VR / SAR 2 / 3P-5C
ORDER
IN CRL OP(MD) No.4307 of 2018 Date :19/03/2018