Ramesh Kannan @ Rajesh Kannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14105 of 2016 RAMESH KANNAN @ RAJESH KANNAN ... PETITIONER/ SOLE ACCUSED Vs THE STATE,REP.BY THE INSPECTOR OF POLICE CHINNAMANUR POLICE STATION, THENI DISTRICT.
(CRIME NO. 485 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.S.JEYAKARTHIK 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 sole accused, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 427 and 506(ii) IPC, in Crime No.485 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.
2.The case of the prosecution is that on 30.07.2016 at 11.40 p.m., due to previous enmity, the petitioner came in drunken mood in front of the house of the de facto complainant and abused him and his family members in filthy language and threatened them with dire consequences. The petitioner also damaged two gate stairs of the house of the de facto complainant. On complaint, a case has been registered for the above said offences.
3.The case of the petitioner is that he is an innocent and he has not committed any offence as alleged by the prosecution. 4.The learned Government Advocate (Criminal side) submitted that the petitioner caused damage to the two gate stairs belonging to the de facto complainant.
5.The learned counsel for the petitioner submitted that the petitioner is willing to deposit a sum of Rs.5,000/- to the credit of Crime No.485 of 2016 before the learned Judicial Magistrate, Uthamapalayam.
6.Considering the facts and circumstances of the case, 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, Uthamapalayam, on condition that the petitioner shall deposit a sum of Rs.5,000/- to the credit of Crime No.485 of 2016 before the learned Judicial Magistrate, Uthamapalayam and he 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)n 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/- 08/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SMN TO 1 THE JUDICIL MAGISTRATE,UTHAMAPALAYAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,THENI DISTRICT
3 THE INSPECTOR OF POLICE,CHINNAMANUR POLICE STATION, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S M.S.JEYAKARTHIK Advocate SR.No.42783 GJM/NGM/MP/SAR-III-12.8.16-3P-6C
ORDER
IN CRL OP(MD) No.14105 of 2016 Date :08/08/2016