Manikandan v. The Insepctor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7597 of 2018 MANIKANDAN ... PETITIONER / ACCUSED No.3 Vs THE STATE REPRESENTED BY THE INSEPCTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT CRIME NO.186 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.PRABU Advocate For Respondent : Mr.M.ASOKAN, 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 offence punishable under Sections 147, 148, 294(b), 307 & 506(ii) of IPC in Crime No.186 of 2018 on the file of the respondent Police, seeks anticipatory bail. 2.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution.

3.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that totally there are 6 named accused in this case and the petitioner is arrayed as A3. He further submitted that the alleged occurrence took place on 29.04.2018 and the injured has been discharged from the hospital and the investigation is still pending.

4.Considering the facts and circumstances of the case and also taking note of the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner/ A3. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within https://hcservices.ecourts.gov.in/hcservices/

a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court No.I, Kovilpatti 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 intend 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 a.m. 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/- 03/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, KOVILPATTI, TUTICORIN DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE INSEPCTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.PRABU Advocate SR.No.8208 rm/aav JAM/07/05/2018/ cm /GSR / 2p-6c

ORDER

IN CRL OP(MD) No.7597 of 2018 Date :03/05/2018 https://hcservices.ecourts.gov.in/hcservices/