Madras High CourtCRL OP(MD)/7555/2019granted

P.Vadivel, v. The Inspector Of Police,

2019-05-30Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7555 of 2019 P.VADIVEL ... PETITIONER / ACCUSED RANK No.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, TRICHY DISTRICT.

Crime No.66/2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.B.JAMEEL ARASU 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 is arrayed as accused No.2, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324 and 307 IPC, in Crime No.66 of 2019, seeks anticipatory bail. 2.The case of the prosecution is that due to wordy quarrel during the time of temple festival, the petitioner and other coaccused attacked the defacto complainant with iron rod and caused injuries. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person, he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) fairly conceded that the victim, who sustained injuries, has been discharged from the hospital, after completing the treatment.

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

6. Considering the facts and circumstances of the case, particularly on considering the fact that the injured has been discharged from the hospital, 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 No.IV, Trichy, 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 appear before the Velankanni Town Police Station daily 10.00 a.m., until further orders. (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iv) the petitioner shall co-operate for the investigation and the trial. The petitioner shall not abscond either during investigation or trail and in event of the petitioner abscond, the respondent police shall register a case as provided under Section 229-A IPC; (v) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner 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 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].

sd/- 30/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO IV, TRICHY.

2.THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, TRICHY DISTRICT.

4.THE INSEPCTOR OF POLICE VELANKANNI TOWN POLICE STAION.

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

+1. CC to Mr.B.JAMEEL ARASU Advocate SR.No.9001

ORDER

IN CRL OP(MD) No.7555 of 2019 Date :30/05/2019 ogy/dss TK/JC/SAR-3/03.06.2019/3P/7C