Muniyasamy @ Kondaiyan Muniya v. The Inspector Ofpolice

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11651 of 2016 MUNIYASAMY @ KONDAIYAN MUNIYASAMY, ... PETITIONER/ACCUSED NO.1 Vs STATE REPRESENTED BY THE INSPECTOR OFPOLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT, (CRIME NO.268 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S A.BANUMATHY Advocate For Respondent : M/S.P.KANNITHEVAN, Governmen 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 341,294(b),325 and 307 of IPC in Crime No.268 of 2016, seeks anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel, the petitioner attacked the defacto complainant with spade stick on his head and also abused him in filthy language.

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 his name has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) submits that the injured has been discharged from the hospital and investigation of the case is pending.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/

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, Sivakasi, Virudhunagar District 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 report before the respondent police 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 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]. sd/- 14/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SIVAKASI,VIRUDHUNAGAR DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT,MADURAI 4.THE INSPECTOR OFPOLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT, +1. CC to M/S A.BANUMATHY Advocate SR.No.36986 RL/6C/2P/ARK/PV/SARI/20/7/2016

ORDER

IN CRL OP(MD) No.11651 of 2016 Date :14/07/2016 https://hcservices.ecourts.gov.in/hcservices/