Karthikumar@Sangaiah Karthik, v. Assistant Commissioner Of

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 04/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.7370 of 2019 Karthikumar@sangaiah Karthik, ... Petitioner/Accused Rank not known Vs 1.State Rep.by Assistant Commissioner Of Police, Cantonment Range(L&o), Trichy City.

2. The Inspector of Police,, E.Pudhur Police Station, Trichy, Crime No.248 of 2019.

... Respondents/Respondents For Petitioner : M/s.S.Vikram, Advocate.

For Respondent : Mrs.M.Anandha Devi, 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 offences punishable under Sections 294 (b), 506 (i) and 143 of IPC, in Crime No.248 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that due to the wordy quarrel between two groups, a false case has been registered against the petitioner herein and others. Further, he submitted that no one has sustained any injury and hence, he prayed for grant of anticipatory bail to the petitioner. He further submitted that the petitioner's native is Virdhunagar

District and in case, this Court is inclined to grant anticipatory bail to the petitioner by imposing any condition, he may be directed to appear before the Inspector of Police, Virudhunagar West Police Station.

4.Per contra, the learned Government Advocate (Crl.Side) submitted that the investigation is still pending against the petitioner and hence, she strongly opposed this petition. However, she fairly conceded that no one has sustained any injury. 5.Considering the fact that no one has sustained any injury and also the fact that only the wordy quarrel took place, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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, No.II, Trichy 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) If the petitioner fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) the petitioner shall report before the Virudhunagar West Police Station daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation.

(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 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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 04/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II TRICHY.

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

3.THE ASSISTANT COMMISSIONER OF POLICE, CANTONMENT RANGE(L&O), TRICHY CITY.

4. THE INSPECTOR OF POLICE,, E.PUDHUR POLICE STATION, TRICHY.

5.THE INSPECTOR OF POLICE, VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR.

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

+1 CC to MR.S.VIKRAM, Advocate ( SR-9119[I] dated 04/06/2019 )

ORDER

IN CRL OP(MD) No.7370 of 2019 Date :04/06/2019 AE/MMS/SAR-III (12.06.2019) 3P 8C