Surendhar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15962 of 2017 SURENDHAR, ... PETITIONER/PETITIONER/ ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, THIRUPANANTHAL POLICE STATION, THIRUPANANTHAL, THANJAVUR DISTRICT.

(CRIME NO.252 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.ANANDAKUMAR Advocate For Respondent : MR.K.ANBARASAN Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A2 herein, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 279, 337, 338, 304(A) and 304(ii) of I.P.C., in Crime No.252 of 2017 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 22.09.2017, the petitioner/accused no.2 herein travelled along with accused nos.1 and 3. The vehicle was driven by accused no.1 without valid license and hit a tractor, thereby, the inmate, who travelled along with other accused died on the spot. Due to the accident, accused no.1 was arrested and remanded to the judicial custody.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he did not commit any offence as alleged by the prosecution. Accused no.1 committed an offence and he is in judicial custody. He further submitted that the petitioner has been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that A1 was arrested and remanded to

judicial custody and investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioner/accused no.2 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, Kumbakonam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 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 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/- 22/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

rmi TO 1 THE JUDICIAL MAGISTRATE,KUMBAKONAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVRU DISTRICT AT KUMBAKONAM

3 THE INSPECTOR OF POLICE, THIRUPANANTHAL POLICE STATION, THIRUPANANTHAL, THANJAVUR DISTRICT.

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

+1. CC to M/S.N.ANANDAKUMAR Advocate SR.No.34987 GJM/RR/SAR-3-24.11.2017-3P-6C

ORDER

IN CRL OP(MD) No.15962 of 2017 Date :22/11/2017