Mayakrishnan, S/O.Balu, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4933 of 2019 1.MAYAKRISHNAN, 2 SATHIYAMOORTHY, 3 SATHISHKUMAR @ SARVESKUMAR ... PETITIONERS / ACCUSED NO.1 TO 3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, RAMANATHAPURAM BAZZAR POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO.50 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioners : MR.T.VEERAKUMAR Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294 (b), 323, 324 and 506(i) IPC, in Crime No.50 of 2019, on the file of the respondent police, seek anticipatory bail.

2.It is the case of the prosecution that due to civil dispute, there was a wordy quarrel between the petitioners and the defacto complainant, the petitioners assaulted the defacto complainant. Hence, the defacto complainant lodged a complaint before the respondent police.

3.The learned counsel appearing for the petitioners would submit that the petitioners have been falsely implicated in this case and they have nothing to do with the alleged offence. 4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that injured has been discharged from the hospital. He would further submit that the first petitioner/A1

having six previous case and the other petitioners/A2& A3 having no previous case.

5.Considering the facts and circumstances and considering the fact that the first petitioner/A1 having six previous case, this Court is not inclined to grant anticipatory bail, hence this petition is dismissed as far as the first petitioner/A1 is concerned. Considering the other petitioners/A2 & A3, these petitioners having no previous case and the injured had been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners/A2 & A3. 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 No.1, Ramanathapuram, on condition that the petitioners/A2 & A3 shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand Only)each 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 second and third petitioners/A2 & A3 and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the second and third petitioners/A2 & A3 shall report before the respondent police daily at 10.30 a.m.

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the second and third petitioners/A2 & A3 in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, RAMANATHAPURAM BAZZAR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to MR.T.VEERAKUMAR Advocate SR.No.6341

ORDER

IN CRL OP(MD) No.4933 of 2019 Date :08/04/2019 AE/VR/SAR-IV/12.04.2019/3P/6C