Jayaraman, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.3905 of 2019 JAYARAMAN ... PETITIONER / ACCUSED 3 Vs STATE REP.BY THE INSPECTOR OF POLICE AMATHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.37/2019) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.P.MANIKANDAN, 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 341, 294 (b), 324 and 307 of IPC, in Cr.No.37 of 2019 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to the election dispute the petitioner along with other accused persons waylaid the defacto complainant, abused him, assaulted him with aruval and threatened him with dire consequences. Hence, the complaint. 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. 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 the petitioner along with A1,A2 and A4 had already filed a petition seeking anticipatory bail and the same was dismissed in respect of the petitioner/A3 on the ground that the petitioner is having three previous cases against him for the offence under section 302 IPC. He would further submits that now it

is came to know that no previous case is pending against A3 and in the earlier petition, the Law Enforcing Agency given a wrong information. Accordingly, this Court may pass orders. 5.Considering the facts and circumstances of the case and since the petitioner/A3 is having no previous case against him, 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 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, Virudhunagar, 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/- 13/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-I) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE INSPECTOR OF POLICE AMATHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to Mr.P.MANIKANDAN, Advocate SR.No.4746

ORDER

IN CRL OP(MD) No.3905 of 2019 Date :13/03/2019 MS/VR/SAR-1/14.03.2019/3P.6C