Sethuraman v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of May Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CRL OP(MD) No.7374 of 2019 SETHURAMAN ... PETITIONER/ACCUSED No.3 Vs STATE REPRESENTED BY, INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

IN CR.NO.86 OF 2019 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.MURALIKUMAR, Advocate For Respondent : MRS.M.ANANTHADEVI, Government Advocate 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 341, 294 (b), 323, 324, 506(ii) and 379 (NH) IPC in Cr.No.86 of 2019, on the file of the respondent police, seeks anticipatory bail. 2.It is the case of the prosecution that there was some civil dispute between the parties, due to the same, the petitioner and other accused attacked the defacto complainant. Hence, the complaint.

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 Government Advocate (Crl.side) appearing for the respondent police would submit that injured has already been discharged from the hospital and she would submit that investigation is pending.

5.Considering the facts and circumstances of the case and also the fact that injured has already 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, before the learned Judicial Magistrate Court, Devakottai 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 daily at 10.30 p.m., until further orders; (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/- 22/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, DEVAKOTTAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3.INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION SIVAGANGAI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.MURALIKUMAR Advocate SR.No.8709

ORDER

IN CRL OP(MD) No.7374 of 2019 Date :22/05/2019 GNS/SJI PK/JC/SAR-3/24.05.2019 : 3P/6C