Kumaravel, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of July Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.9297 of 2019 1 KUMARAVEL 2 GURUMOORTHY 3 GURUMARI ... PETITIONERS / ACCUSED NO.1 TO 3 Vs STATE REP. BY THE INSPECTOR OF POLICE, KOVILANKULAM POLICE STATION, RAMANATHAPURAM DISTRICT.
(CRIME NO.36 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SABBANI KARPURA JOTHI Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 of I.P.C and Section 4 of Women Harassment Act, in Crime No.36 of 2019, seek anticipatory bail.
2.The learned counsel for the petitioners has submitted that the petitioners are innocent and due to wordy quarrel, they have been falsely implicated in this case. He further submitted that the injured person sustained only simple injury and he has already been discharged from the hospital and hence, he prayed for grant of anticipatory bail to the petitioners.
3.Per contra, the learned Additional Public Prosecutor appearing for the respondent has submitted that due to wordy quarrel, the petitioners attacked the defacto complainant and caused simple injuries. Hence, he opposed this petition, as investigation is pending. However, he fairly conceded that the injured person has already been discharged from the hospital.
4.Taking into consideration of the aforesaid facts and also the fact that the injured person sustained only simple injury and he has
already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners by imposing certain conditions.
5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Cum Court, Kamuthi on condition that each of the petitioners 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: [a] if the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.
[b] the petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 02/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE CUM COURT, KAMUTHI.
2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, RAMANTAHPURAM DISTRICT.
3 THE INSPECTOR OF POLICE, KOVILANKULAM POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.SABBANI KARPURA JOTHI Advocate SR.No. 10880
ORDER
IN CRL OP(MD) No.9297 of 2019 Date :02/07/2019 JM/VR/SAR 1/16.07.2019/3P/6C