K.R.T.Mani @ Manikandan v. The Inspector Of Police

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 07/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.7772 of 2019 K.R.T.Mani @ Manikandan, ... Petitioner/Sole Accused Vs State Rep.BY The Inspector of Police, K.K.Nagar Police Station, Trichy City.

Cr.No.232 of 2019.

... Respondent/Complainant For Petitioner : Mr.B.Jameel Arasu, Advocate For Respondent : Mrs.M.Anantha Devi, Govt.Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 324 and 506 (ii) of IPC in Crime No.232 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that there was a wordy quarrel between the petitioner and the defacto complainant regarding previous motive which resulted the petitioner assaulted the defacto complainant and caused injuries. Based on the said allegation the present complaint has been registered against the petitioner. He further submitted that the petitioner is an innocent and he has not committed any offence and hence, he prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (criminal side) appearing for

the respondent has submitted that the defacto complainant has sustained simple injuries and he was already discharged from the hospital. However, she opposed this petition. 5.Taking into consideration of the fact that the injured person sustained only simple injuries and he was also discharged from the hospital, 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 District 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 fails 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 respondent police 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/- 07/06/2019 / 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 JUDICAIL MAGISTRATE, TRICHY DISTRICT.

2.THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY CITY.

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

+1. CC to MR.B.JAMEEL ARASU Advocate SR.No.9300

ORDER

IN CRL OP(MD) No.7772 of 2019 Date :07/06/2019 Ls AE/MMS/SAR-III (11.06.2019) 3P 6C