N.Dhayalan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7272 of 2019 N.DHAYALAN, ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE, CHINNAMANUR POLICE STATION, THENI DISTRICT.

(CRIME NO.266 OF 2019). ... RESPONDENT / COMPLAINANT For Petitioner : MR.T.LENIN KUMAR Advocate For Respondent : MR.R.ANANDARAJ, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b) 307 of I.P.C., in Crime No. 266 of 2019, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant and the petitioner are brothers and that there was a civil dispute between the defacto complainant and the petitioner, the petitioner abused the defacto complainant by using filthy language and attacked with lethal weapon and also threatened with dire consequences. Thus, on complaint, a case has been registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor would submit that the person who sustained injuries at the time of occurrence was treated as outpatient.

5. The submissions made by the learned counsel appearing on either side are considered.

6. It is alleged, due to the civil dispute between the petitioner and defacto complainant, the petitioner assaulted the defacto complainant and thereby, the defacto complainant has sustained injury and treated as outpatient. Considering the nature of offences committed by the petitioner, the custodial interrogation of the petitioner may not be necessary for completing the investigation. Hence, this Court is inclined to grant anticipatory bail with some stringent conditions to the petitioner.

7. 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, before the learned Judicial Magistrate, Uthamapalayam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner as well as the sureties shall submit a copy of their Aadhar card or any other Identity cards issued by the Government, in proof of their address, along with the surety bonds. (ii) the petitioner shall stay at Dindigul and report before the Inspector of Police, Dindigul Town Police Station, daily at 10.00 a.m., for a period of one month.

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iv) the petitioner shall not abscond either during investigation or trial.

(v) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioners shall stand automatically cancelled and 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].

sd/- 29/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

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

3.THE INSPECTOR OF POLICE, DINDIGUL TOWN POLICE STATION, DINDIGUL.

4.THE INSPECTOR OF POLICE, CHINNAMANUR POLICE STATION, THENI DISTRICT.

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

+1 CC to MR.T.LENIN KUMAR, Advocate ( SR-8983[I] dated 30/05/2019 )

ORDER

IN CRL OP(MD) No.7272 of 2019 Date :29/05/2019 AE/VR/SAR-III (31.05.2019) 4P 7C