V.Karthikeyan, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.17998 of 2017 V.KARTHIKEYAN ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.516 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.SETHURAMAN Advocate For Respondent : M/S.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, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 506(ii) of IPC in Crime No.516 of 2017 on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel on either side.

3.The case of the prosecution is that when the petitioner has driven his car in a rash and negligent manner, the same was questioned by the de facto complainant's brother and therefore, there was a quarrel arose and that the petitioner assaulted the de facto complainant's brother and also threatened him with dire consequences.

4.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

5.The learned Government Advocate (Crl.side) submitted that the injured discharged from the hospital and charge sheet has not been filed in this case.

https://hcservices.ecourts.gov.in/hcservices/ 6.Considering the facts and circumstances of the case and taking note of the fact that the injured was discharged from the

hospital, 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, Manamadurai 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 10:30 am 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 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]. sd/- 28/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MANAMADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3. THE SUB INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.N.SETHURAMAN Advocate SR.No.37077 ORDER IN CRL OP(MD) No.17998 of 2017 Date :28/12/2017 MS/CM-VR/SAR.4/28.12.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/