Abdul Samadhu @ Sahulhameed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21586 of 2018 ABDUL SAMADHU @ SAHULHAMEED @ SAMATHU ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP. BY THE INSPECTOR OF POLICE, PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.189/2016) ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.KATHIRESAPERUMAL Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government 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 the offences punishable under Sections 147, 148, 294(b), 323, 324 and 307 IPC, in Crime No.189 of 2016, seeks anticipatory bail.

2.The case of the prosecution is that there was a wordy quarrel between the petitioner and the defacto complainant, due to which the petitioner along with other accused persons assaulted the defacto complainant by using wooden logs. Hence a case has been registered. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Earlier the petitioner has got an anticipatory bail before this Court in Cr.O.P(MD)No.15771 of 2016, on 29.08.2016. But he could not able to produce the sureties before the Court below. Due to avocation, he went to abroad. Now, the petitioner is ready to produce sureties before the concerned Court below. Therefore, he filed this present petition. 4.Heard the learned Government Advocate (Criminal Side).

5.Taking note of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions:

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate Court, Sivagiri, 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 said Magistrate concerned and on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

[e] 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 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]. and [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 06/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.R.KATHIRESAPERUMAL Advocate SR.No.22813

ORDER

IN CRL OP(MD) No.21586 of 2018 Date :06/12/2018 JM/JC/SAR 2/11.12.2018/3P/6C