Dr. R.Ashok Kumar v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.6894 of 2019 R.ASHOK KUMAR ... PETITIONERS / RANK NOT KNOWN Vs STATE REP. BY THE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.448 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.CHELLAPANDIAN 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 petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 324, 109, 120(B), 506(II) and 307 of IPC in Crime No.448 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 18.09.2018, due to civil dispute, the petitioner's wife along with his in law's engaged colligons and attacked the de facto complainant with weapons, while he was going to a work shop near Thanjavur medical college at 8:45 a.m. whereby the de facto complainant sustained several injuries on his head and forearm.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and has not committed any offences as alleged by the prosecution.

4. Mr.A.Robinson, learned Government Advocate (Crl., side) appearing for the State would submit that the injured has been discharged from the hospital.

5. Taking into consideration of the fact that the injured had been discharged from the hospital and the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of https://hcservices.ecourts.gov.in/hcservices/

fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Thanjavur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the said Magistrate, on further conditions that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled;

[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]. [g] If the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 15/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.S.CHELLAPANDIAN, Advocate SR-8351

ORDER

IN CRL OP(MD) No.6894 of 2019 Date :15/05/2019 JM/JC/SAR 1/20.05.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/