Mohanraj, v. The Inspector Of Police

BEFORE 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.7842 of 2019

1. Mohanraj

2. Karthick

3. Saranraj ... Petitioners/Accused No.1 to 3 Vs The State rep.by, The Inspector of Police, Manikandam Police Station, Trichy District (Cr.No.49/2019). ... Respondent/Complainant For Petitioner : M/s.S.Sathya Chidambaram, Advocate.

For Respondent : M/s.M.Anantha Devi, Govt.Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C PRAYER :- For Anticipatory bail in Cr.No.49/2019 on the file of the respondent police.

ORDER : The Court Made the following order :-

1. Heard both sides.

2. The learned counsel for the petitioner would submit that due to previous election motive, the defacto complainant lodged a false complaint against the petitioners. He would further submit that the petitioners are innocent persons and that there was no bad antecedents against the petitioners. Hence he prayed for grant of anticipatory bail to the petitioners.

3. The learned Government Advocate (Criminal Side) fairly conceded that the injured sustained only simple injuries and already discharged from the hospital.

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4. Taking into consideration the fact that the injured has sustained only simple injuries and also discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner by imposing condition.

[a] the petitioner is ordered to be released on bail on his executing 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 The Judicial Magistrate No.Iv.

[b] 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 for the interrogation.

[c] the petitioner shall not abscond either during investigation or trail.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trail.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trail 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/Trail Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A 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.IV, TRICHY 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3.THE INSPECTOR OF POLICE MANIKANDAM POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.S.SATHYA CHIDAMBARAM Advocate SR.No.7842

ORDER

IN CRL OP(MD) No.7842 of 2019 Date :07/06/2019 KSA PK/VR/SAR-2/13.06.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/