Raja@Rajasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.3628 of 2019 RAJA @ RAJASEKARAN ... PETITIONER / ACCUSED NO.5 Vs STATE REP. BY THE INSPECTOR OF POLICE, A-MUKKULAM POLICE STATION, VIRUDHUANGAR DISTRICT.

CRIME NO.104/2015 ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.ERULAPPA RAJA Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor 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 offences under Sections 147, 148, 294(b), 324 and 307 of IPC, in Cr.No.104 of 2015 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is A5. The occurrence is said to have committed by the petitioner in the year 2015 during the village clash. Due to previous enmity, the petitioner along with other accused persons attacked the defacto complainant's brother and also the defacto complainant when he was trying to pacify the matter. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she did not commit any offence as alleged by the prosecution. The petitioner was falsely implicated in this case. Accordingly, he prayed for anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the State would submit that initially, the petitioner's name was implicated in the FIR as A4. After filing the charge sheet the petitioner is arrayed as A5. He further requests that any stringent condition may be imposed in order to enable the trial Court to complete the trial.

5.Considering the facts and circumstances of the case and since the occurrence is of the year 2015, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aruppukkottai, Virudhunagar District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) 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 learned Magistrate concerned and on further condition that:

(a)the petitioner 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 petitioner shall report before the concerned trial Court daily at 10.30 a.m. until further orders;

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

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

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

sd/- 08/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, A-MUKKULAM POLICE STATION, VIRUDHUANGAR DISTRICT.

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

+1 CC to M/s.M.ERULAPPARAJA, Advocate SR-4563

ORDER

IN CRL OP(MD) No.3628 of 2019 Date :08/03/2019 JM/PN/SAR 4/15.03.2019/3P/6C