Bass @ Baskaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10325 of 2016 BASS @ BASKARAN ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE KEENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT, (CRIME NO.235/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S. M.SUBASH BABU, Advocate For Respondent : M/S.P.KANNITHEVAN, Government Advocate ( Crl. Side) 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 an alleged offence punishable under Sections 294(b) and 307 of IPC in Crime No.235 of 2016, seeks anticipatory bail.
2. The case of the prosecution is that on consuming alcohol the petitioner abused the defacto complainant in filthy language and also assaulted him with sword and caused injuries. On complaint, a case has been registered against the petitioner for the above said offences.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and due to the previous motive, his name has been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submits that the petitioner is having 9 previous cases and the investigation of the case is pending.
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5. Considering the facts and circumstances of the case, I am 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 No.II, Ramanathapuram and 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 shall stay at Trichy and report before the Inspector of Police, Fort Police Station, Trichy daily at 10.00 am until further orders.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial.
[d] 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]. sd/- 29/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023 TO 1.THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, KEENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT, 5.THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY +1. CC to M/S M.SUBASH BABU Advocate SR.No.34175 RL/7C/2P/ARK/PV/SARII/4/7/2016
ORDER
IN CRL OP(MD) No.10325 of 2016 Date :29/06/2016 https://hcservices.ecourts.gov.in/hcservices/