Karthik, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11801 of 2016 KARTHIK ... PETITIONER/A 15 Vs STATE REP BY. THE INSPECTOR OF POLICE, REDDIYARCHATHIRAM POLICE STATION, DINDIGUL DISTRICT. (CRIME NO.121/2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S P.MAHENDRAN 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 apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 143,148,341,188,353,324 and 506(ii) of IPC r/w. Sect. 3(1) and 5 of TNPPDL Act in Crime No.121 of 2016, seeks anticipatory bail.
2. The case of the prosecution is that during temple festival, at the time of procession on carrying the idol of the temple in the main road, dispute arose and the accused persons damaged the property belonged to the police officials and caused injury to the police persons. On complaint, a case has been registered 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 his name has been falsely implicated in this case. He further contended that the co-accused were already enlarged on bail by this Court in Crl.O.P(MD).Nos.10151 of 2016 and Crl.O.P(MD).No.10550 of 2016, dated 24.06.2016 and 29.06.2016.
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 the injured has been discharged from the hospital and that the co-accused were already enlarged on bail by https://hcservices.ecourts.gov.in/hcservices/
this Court, 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, Oddanchathiram, Dindigul 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 and 5.00 pm 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/- 15/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,ODDANCHATHIRAM, DINDIGUL 2 THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL 3 THE INSPECTOR OF POLICE, REDDIYARCHATHIRAM POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S P.MAHENDRAN Advocate SR.No.36982
ORDER
IN CRL OP(MD) No.11801 of 2016 Date :15/07/2016 AA/SKS-RR/SAR-III/20.07.2016/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/