Ravi, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.3222 of 2019 1 RAVI 2 A.MANOHARAN 3 LOGANATHAN ... PETITIONER / ACCUSED 1 TO 3 Vs STATE REP. BY THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT.
(CRIME NO.1053/2017) ... RESPONDENT / COMPLAINANT For Petitioner : MR.G.THALAIMUTHARASU Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government 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 under Sections 294(b), 324 and 506(i) of IPC, in Cr.No.1053 of 2017 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the first petitioner and the de-facto complainant are relatives, they were running a Textile Showroom in the name and style of "Kumar Shirts" in Karur. Since there was a dispute in administering the said business, due to which, there was a wordy quarrel arose between them. Hence, the defacto complainant lodged a complaint against the petitioners. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. It is a case in counter case.
4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the investigation is pending. 5.Considering the facts and circumstances of this case, 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 https://hcservices.ecourts.gov.in/hcservices/
the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Karur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each 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 due to which learned Magistrate concerned and on further condition that: (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall report before the trial Court daily at 10.30 a.m., until further orders;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners 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 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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 01/03/2019 / 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.
3 THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.3222 of 2019 Date :01/03/2019 JM/JC/SAR 2/08.03.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/