Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21623 of 2018 MANIKANDAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE, REDDIAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.148/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.G.THALAIMUTHARASU, Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 324 & 506(ii) IPC in Crime No.148 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 02.12.2018, while the petitioner was digging a small pond nearby the house of the defacto complainant, there occurred a wordy quarrel between the petitioner and defacto complainant and his brother, in which, the petitioner attacked the defacto complainant by using a log and thereby caused simple injury on his head.

3.The learned counsel for the petitioner submits that the petitioner is innocent and he had nothing with the alleged crime. Hence, anticipatory bail may be granted to him. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that in this case, injured has been discharged from the hospital on 18.12.2018 and investigation is going on.

4.Considering the fact that injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions:- 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Aruppukkottai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that [a] if the petitioner failed 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 10.00 a.m for a period of two weeks and thereafter 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 20/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPUKOTTAI.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTTUR.

3 THE INSPECTOR OF POLICE, REDDIAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.23802

ORDER

IN CRL OP(MD) No.21623 of 2018 Date :20/12/2018 AMS/VR/S-1/27/12/2018/3P/6C