A.Stalin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2952 of 2019 A.STALIN ... PETITIONER /3rd ACCUSED Vs THE INSPECTOR OF POLICE, THIRUVADANAI POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

(CRIME NO.32/2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.MUTHUMALAIRAJA FOR MR.N.PRAGALATHAN Advocate For Respondent : MR.K.SUYABULINGA 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), 353 of IPC and Section 4(1) (j) of the Tamil Nadu Prohibition Act in Crime No.32 of 2019, on the file of the respondent police. 2.It is the case of the prosecution is that the petitioner's relative admitted in the Government Hospital, Thiruvadanai, where the defacto complainant is working as duty Doctor.

The petitioner and two others entered into the hospital in a drunken mood and quarrelled with the defacto complainant with regard to the treatment given to his relative and abused him. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. However, the learned counsel for the petitioner submitted that the petitioner will donate a table, a chair and a steel rack to the Government Hospital, Thiruvadanai. 4.The learned Government Advocate (Crl.

injured.

4.Considering the facts and circumstances of this case and also considering the undertaking given by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

(b)the petitioner shall report before the respondent police as and when required for interrogation.

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

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

(f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 26/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGSITRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, THIRUVADANAI POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

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

+1. CC to MR.N.PRAGALATHAN Advocate SR.No.3794

ORDER

IN CRL OP(MD) No.2952 of 2019 Date :26/02/2019 ias AE/JC/SAR-IV/04.03.2019/3P/6C