Madras High CourtCRL OP(MD)/757/2018ordered

Raja v. The Inspector Of Police

2018-01-12Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.757 of 2018 RAJA ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT CRIME NO.20 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.NIRANJAN S.KUMAR 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 petitioner/accused, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections147, 294(B), 448, 307 & 506 (ii) of IPC in Crime No.20 of 2018 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that due to some dispute, the petitioner along with other accused, abused the de facto complainant in filthy language and also assaulted him.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has not committed any offence as alleged by the prosecution and he is no way connected with the offences and pleads for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate(crl.side) submitted that investigation is still pending and no one sustained injury. 5.The submissions made by the learned counsel on either side are considered. After filing of this petition, the case has been registered in Crime No.20 of 2018 for the offence punishable under Sections 147, 294(B), 448, 307 & 506 (ii) of IPC. Admittedly, the de facto complainant and the petitioner herein are the relatives. Further, the learned Government Advocate (Crl.side) fairly conceded that no body was injured in the alleged occurrence. It is alleged on the side of the prosecution, due to the family dispute, the petitioner herein assaulted the defacto complainant along with four https://hcservices.ecourts.gov.in/hcservices/

other accused. Since no one was sustained injury in the alleged occurrence, custodial interrogation is not necessary for completing investigation.

6.Taking all the above said aspects into consideration and having regard to the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 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.III, Tirunelveli 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 report before the respondent police daily at 10.30 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 petitioner shall stand automatically cancelled, and 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]. sd/- 12/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRTE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.757 of 2018 Date :12/01/2018 MKV-PN-SAR 1/12.1.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/