Kugan @ Nithyananthan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11380 of 2016 KUGAN @ NITHYANANTHAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.

IN CRIME NO. 317 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.MOHAMED SHERBUDEEN Advocate For Respondent : MR.P.KANNITHEVAN, 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, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 324 and 506(ii) of IPC, in Crime No.317 of 2016, on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the petitioner is that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioner. 3.It is submitted by the learned Government Advocate (Crl.

Side) that the injured person had already been discharged from the hospital. 4.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner 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, Manamadurai, 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) the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders. (ii)the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioner shall not abscond either during investigation or trial.

(iv)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take https://hcservices.ecourts.gov.in/hcservices/

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].

5.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not. sd/- 12/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MANAMADURAI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S M.MOHAMED SHERBUDEEN Advocate SR.No.35963

ORDER

IN CRL OP(MD) No.11380 of 2016 Date :12/07/2016 PA/SK-SKN/SAR III/14.07.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/