Karthik Kumar Alias Karthik v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11502 of 2016 1 KARTHIK KUMAR ALIAS KARTHIK 2 KANDHASAMY 3 RAMKUMAR ... PETITIONERS/ACCUSED 2, 4 & 5 Vs STATE REP BY THE INSPECTOR OF POLICE, KEELA THOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT CR. NO. 110 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.S.JEYAKARTHIK 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 petitioners who are arrayed as accused, apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 147,148,294(b),323,324, and 506(ii) of IPC r/w. Section 4 of TNPWH Act in Crime No.110 of 2016, seek anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel the petitioners attacked the defacto complainant and abused him in filthy language and also threatened with dire consequences. On complaint, a case has been registered against the petitioners.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submitted that the injured has been discharged from the hospital and the investigation of the case is pending.
5. Considering the facts and circumstances of the case and also considering the fact that injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released https://hcservices.ecourts.gov.in/hcservices/
on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Mudhukulathur, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police daily at 6.00 pm until further orders.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners 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 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]. 6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the condition or not.
sd/- 27/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,MUDUKULATHUR 2 THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, KEELA THOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S M.S.JEYAKARTHIK Advocate SR.No.39917
ORDER
IN CRL OP(MD) No.11502 of 2016 Date :27/07/2016 AA/AAL-MPA/SAR-I/29.07.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/