Anbu @ Anbalagan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.4359 of 2018 ANBU @ ANBALAGAN, ... PETITIONER/ACCUSED No.2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.71 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.PRABU Advocate For Respondent : MR.K.SUYMABULINGA 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 is arrayed as accused No.2, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 307, 506(ii) and 109 IPC, in Crime No.71 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that due to civil dispute, the petitioner and other accused are said to have assaulted the defacto complainant by using Aruval and also criminally intimidated him. Thus, on complaint, a case has been registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) would submit that the injured was discharged from the hospital on 15.03.2018 and the 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, due to civil dispute, the petitioner and other accused assaulted the defacto complainant by using Aruval and thereby, the defacto complainant has sustained simple injury. As of now, on 15.03.2018 itself the injured was discharged from the hospital after taking treatment. Considering the nature of injury sustained by the defacto complainant, the reason for registering the case under Section 307 IPC is best known to the Investigating Officer alone. So, the facts and circumstances shows that the custodial interrogation of the petitioner may not be necessary for completing the investigation. Hence, this Court is inclined to grant anticipatory bail with some stringent conditions to the petitioner.

6. 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 No.II, Kovilpatti, 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 appear before the respondent Police daily 10.00 a.m. until further orders.

(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 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/- 20/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI 2 THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE, KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.PRABU Advocate SR.No.4435

ORDER

IN CRL OP(MD) No.4359 of 2018 Date :20/03/2018 SMA/PN/SAR-1/23.03.2018:3P/6C