M.Kannappan, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.6104 of 2019 M.KANNAPPAN ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.
(CRIME.NO.185/2019) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.T.KUMAR 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 147,323,294 (b), 448, 506(ii) of IPC and Section 4 of TNPHW Act in Cr.No.185 of 2019, on the file of the respondent police, seeks anticipatory bail. 2.It is the case of the prosecution that due to family dispute the petitioner abused the defacto complainant, assaulted him with iron rod and threatened with dire consequences. Hence the complaint 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent person.
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 of the case and also considering the fact that injured has been discharged from the hospital, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, https://hcservices.ecourts.gov.in/hcservices/
before the learned Judicial Magistrate No.I, Sivagangai, Sivagangai 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 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 petitioner shall report before the respondent police as and when required for interrogation;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner 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 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/- 26/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI, SIVAGANGAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI. 3 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT. 4 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to Mr.T.KUMAR Advocate SR.No.7394 PS/VR/SAR-4/29.04.2019/2P/6C
ORDER
IN CRL OP(MD) No.6104 of 2019 Date :26/04/2019 https://hcservices.ecourts.gov.in/hcservices/