R.Dharma Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15330 of 2017 R.DHARMA KUMAR ... PETITIONER/ACCUSED-2 Vs THE STATE THROUGH THE INSPECTOR OF POLICE RAMESHWARAM TOWN POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO.215 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.KANNAN Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner herein, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 324 and 506(ii) I.P.C., in Crime No.215 of 2017 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner attacked the defacto complainant, thereby, he sustained grievous injuries and admitted in the hospital.

3.The learned counsel for the petitioner submitted that the petitioner is an engineering student and he has been falsely implicated in this case. He further submitted that it is a case of case in counter in between the petitioner and the defacto complainant. Hence he prays for anticipatory bail in favour of the petitioner.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that the petitioner is having one previous case and injured has been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), that the injured has been discharged from the hospital, https://hcservices.ecourts.gov.in/hcservices/

this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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, Rameshwaram, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each 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. for a period of four weeks and thereafter as and when required for interrogation.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not abscond either during investigation or trial.

(iv) the petitioner shall not commit any offence while on bail;

(v)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 and the anticipatory bail granted stands cancelled automatically.

sd/- 10/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAMESHWARAM, RAMANATHAPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE RAMESHWARAM TOWN POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.KANNAN Advocate SR.No.34260 ORDER IN CRL OP(MD) No.15330 of 2017 Date :10/11/2017 SMA/RR/SAR-1/15.11.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/