Manikandan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.962 of 2018 1 MANIKANDAN 2 VASANTH ... PETITIONERS / ACCUSED 1&2 Vs THE STATE BY THE INSPECTOR OF POLICE KALAKKAD POLICE STATION, TIRUNELVELI DISTRICT (CRIME NO.19 OF 2018) ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.D.VENKATESH Advocate For Respondent : MR.A.ROBINSON Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 and 2, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 341, 342, 294(b), 324 and 506(ii) IPC in Crime No.19 of 2018, seeking the relief of anticipatory bail.
2.The case of the prosecution is that due to previous enmity, the petitioner and other accused scolded the defacto complainant by using filthy language and stabbed on the left rip of the defacto complainant with a knife , caused injuries and admitted in the hospital. Hence, he gave a complaint before the respondent police as against the petitioners. 3.The learned counsel appearing for the petitioners submitted that they are innocent person and they have been falsely implicated in this case.
4.The learned Government Advocate (Crl.side) submitted that the injured was discharged from the hospital.
5. Considering the submissions made on either side, it disclose that the offences under Sections 147, 148, 341, 342, 294(b), 324 and 506(ii) in Crime No.19 of 2018, has been registered against the petitioners. Except 506(ii) IPC, all other offences are bailable in nature. Therefore, custodial interrogation is not necessary for completing the investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, they are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Nanguneri on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each 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 petitioners shall report before the respondent police daily at 10.30 a.m. for a period of three weeks and thereafter, as and when required for interrogation. (ii)the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioners 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 petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
sd/- 22/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
rmi/cp TO 1 THE JUDICIAL MAGISTRATE,NANGUNERI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE KALAKKAD POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.D.VENKATESH Advocate SR.No.1079 GJM/PM/PN/SAR-I-25.1.18-3P-6C
ORDER
IN CRL OP(MD) No.962 of 2018 Date :22/01/2018