A.Michael Raj @ Michelraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.5759 of 2019 A.MICHAEL RAJ @ MICHELRAJ ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT.

Crime No.175 of 2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.SANKARARAMASUBRAMANIAN 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 447,427 and 506(ii) of IPC in Cr.No.175 of 2019, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to civil dispute the petitioner unlawfully entered into defacto complainant, abused him, threatened him with dire consequences and also caused damage to the fence worth Rs.2,000/- 3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. On instructions, he would also submit that the petitioner is ready and willing to deposit a sum of Rs.2,000/- without prejudice to his defence to the credit in Crime number and prayed for granting anticipatory bail. 4.The learned Government Advocate(Crl.Side) appearing for the state would submit that if the petitioner is ready to deposit the amount, this Court may pass appropriate orders.

5.Considering the facts and circumstances of the case and the petitioner has come forward to deposit the said a sum of Rs.2,000/- without prejudice to his rights and contentions to show his bonafide, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is 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, Alangulam Tirunelveli District 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 shall deposit the sum of Rs.

(c)the petitioner shall report before the respondent police as and when required for interrogation (d)the petitioner shall not tamper with evidence or witness either during investigation or trial; (e)the petitioner shall not abscond either during investigation or trial;

(f)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/- 24/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE ALANGULAM, TIRUNELVELI DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.A.SANKARARAMASUBRAMANIAN Advocate SR.No.7115

ORDER

IN CRL OP(MD) No.5759 of 2019 Date :24/04/2019 TK/JC/SAR-4/26.04.2019/3P/6C