Karunakaran v. The Inspectorr Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11694 of 2016 KARUNAKARAN ... PETITIONER / ACCUSED NO.24 Vs THE STATE REP.BY THE INSPECTORR OF POLICE NAVALPATTU POLICE STATION, NAVALPATTU, TRICHY DISTRICT.

CR. NO.151/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S KARTHICK SUBRAMANIAM 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 No.24, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 342, 353, 294(b), 324, 332 and 307 of IPC r/w 3(1) of TNPPDL Act, in Crime No.151 of 2016, on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused persons restrained the police party and attacked them with weapons and abused them with filthy language and damaged their vehicles and thereby caused damage to the tune of Rs.2,00,000/-.

On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is innocent and he has not committed any offence and he has been falsely implicated in this case and prays for anticipatory bail in favour of the petitioner.

4.The learned counsel for the petitioner submitted that totally there are 24 accused in this case and the petitioner is ready and willing to deposit a sum of Rs.5,000/-.

5.It is submitted by the learned Government Advocate (Crl.Side) that the injured person had already been discharged from the hospital. 6.Considering the facts and circumstances of the case and also considering the submission on the side of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, he is ordered to be released on bail in the https://hcservices.ecourts.gov.in/hcservices/

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.III, Trichy, on condition that the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.151 of 2016, before the said Court and each of them 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 10.00 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 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].

7.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/- 19/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AM TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE INSPECTORR OF POLICE, NAVALPATTU POLICE STATION, NAVALPATTU, TRICHY DISTRICT.

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

+1. CC to M/S KARTHICK SUBRAMANIAM Advocate SR.No.37654 GJM/PEK/SAR-II-22.7.16-2P-6C

ORDER

IN CRL OP(MD) No.11694 of 2016 Date :19/07/2016 https://hcservices.ecourts.gov.in/hcservices/