Kumar@ Krishnakumar 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.969 of 2018 1 KUMAR@ KRISHNAKUMAR 2 RASATHI ... PETITIONERS/ACCUSED 1 & 3 Vs STATE :REP.BY INSPECTOR OF POLICE THIRUCHITRAMBALAM POLICE STATION, THANJAVUR DISTRICT, CRIME NO. 1/2018 ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.S.DEENADHAYALAN 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/A1 and A3, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i) IPC in Crime No.1 of 2018 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 26.12.2017 there was a wordy quarrel between the defacto complainant and the petitioners, thereby, the petitioner and other accused assaulted the defacto complainant by using their hands and caused injury. Hence, the defacto complainant gave a complaint before the respondent police.
3.The learned counsel appearing for the petitioner submitted that the petitioners are innocent and they have not committed any offence as alleged in the prosecution and pleads for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Criminal Side) submitted that the injured has been discharged from the hospital.
5.The submissions made by the learned counsel appearing on either side are considered. This case has been registered against the petitioners for the alleged offences under Sections 294(b), 323 and 506(i) IPC. Except 506(ii) IPC, all other offences registered against the petitioners is a bailable one. Considering the nature of offence committed by the petitioner, the custodial interrogation is not neccessary for completing the investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
Accordingly, 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 the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukkottai on condition that each of the petitioners shall execute a bond for a sum of Rs.
(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 petitioners shall stand automatically cancelled and 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 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.
CP/RMI TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE THIRUCHITRAMBALAM POLICE STATION, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.1037 GJM/CSL/RR/SAR-2-29/1/18-3P-6C
ORDER
IN CRL OP(MD) No.969 of 2018 Date :22/01/2018