Arumugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/05/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN Arumugam ... Petitioner/ Sole Accused Vs The State by The Inspector of Police, Courtallam Police Station, Tenkasi District.

(Crime No. 120 of 2020). ... Respondent/Complainant For Petitioner : Mr. D.Venkatesh, Advocate.

For Respondent : Mr.S.Chandra Sekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 120 of 2020 on the file of the Respondent Police.

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 294(b), 324 and 506(ii) of IPC, seeks anticipatory bail.

2. Heard both sides.

3. According to the petitioner, due to previous enmity, there were some wordy quarrel between the petitioner and the defacto complainant, who is the relative of the petitioner. The petitioner herein had caused injury on the backside of head of the defacto complainant by using a sickle. Hence, this complaint has been lodged.

4. The learned Additional Public Prosecutor would submit that the injured has been discharged from the hospital and the nature of the injury is simple.

5. Considering the submission of the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest by the respondent police on executing a own bond for a sum of Rs.25,000/- and further the petitioner shall execute two sureties for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each before the learned Judicial Magistrate, Shengottai, on or before 05.06.2020 and on further condition that: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police as and when required for interrogation; (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 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 07/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SHENGOTTAI.

2. DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT.

3. THE INSPECTOR OF POLICE, COURTALLAM POLICE STATION, TENKASI DISTRICT,

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

ORDER

IN CRL OP(MD) No.5227 of 2020 Date :07/05/2020 MYR SRS/ VR/ SAR-III/ 08.05.2020/ 3P/5C