Edwin, S/O.Kulanthaisamy, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.5040 of 2019 1 EDWIN, 2 RAJAKANNI 3 M.AVUDAIAPPAN ... PETITIONERS / ACCUSED Nos. 1,4 AND 5 Vs STATE REP. BY, THE INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

CR.NO.36/2019 ... RESPONDENT / COMPLAINANT For Petitioners : MR.M.SURESH 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 341, 294(b), 323, 506(ii) and 365 of I.P.C @ 147, 341, 294(b), 323, 506(ii), 365, 342, 307 of I.PC, in Crime No.36 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, the petitioners were attacked the defacto complainant with iron rod and hence, the defacto complainant preferred 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.

5.Considering the facts and circumstances and considering the fact that the injured had been discharged from the hospital , this Court is inclined to grant anticipatory bail to the petitioners. 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, Aranthangi, on condition that the petitioners 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 petitioners 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 petitioners 1 & 3 shall report before the respondent police daily at 10.30 a.m.,until further orders and the second petitioner shall appear before the respondent police as and when required for interrogation;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 petitioners 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

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

TO 1 THE JUDICIAL MAGISTRATE ARANTHANGAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI

3 THE INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1. CC to MR.M.SURESH Advocate SR.No.6178

ORDER

IN CRL OP(MD) No.5040 of 2019 Date :04/04/2019 MSI/PN/SAR 3/09.04.2019/3P-6C