S.Manickaraj Kamaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of December Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21730 of 2018 S.MANICKARAJ KAMARAJ ... PETITIONER / SOLE ACCUSED Vs THE STATE OF TAMIL NADU, THE INSPECTOR OF POLICE, MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.115/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.BALAKRISHNAN 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, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(ii) of IPC in Cr.No.115 of 2018 seeks anticipatory bail.

2. The case of the prosecution is that due to some dispute in church the petitioner abused the defacto complainant, assaulted him and threatened him with dire consequences

3. The learned counsel for the petitioner would submit that it is a case in counter and on the complaint given by the petitioner, the case was also registered against the de-facto complainant in Crime No. 114 of 2018. He would further submit that the injured has also been discharged from the hospital.

4. The learned Government Advocate(Crl.Side) would submit that due to previous enmity between the parties, case and counter case have been lodged by the respective parties. He would further submit that the injured had been discharged from the hospital.

5. Taking into consideration the facts of the case and the submissions by learned counsels and that the injured has been discharged from the hospital,this Court inclined to grant anticipatory bail to the petitioner.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Sathankulam on condition that the petitioners shall execute 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 said Magistrate, 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 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/- 07/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.

THE JUDICIAL MAGISTRATE, SATHANKULAM.

2.

DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3.

THE INSPECTOR OF POLICE, MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.21730 of 2018 Date :07/12/2018 RAM/PN-AC/SAR 2/13.12.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/