Ajith Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice N.AUTHINATHAN CRL OP(MD) No.5567 of 2017 AJITH KUMAR ... PETITIONER / ACCUSED No.4 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, KEELAVALAVU, MADURAI DISTRICT (CRIME NO.453 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.SEEMARAJ Advocate For Respondent : Mr.K.ANBARASAN, 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), 341 and 506(ii) of IPC in Crime No.453 of 2016 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to land dispute, the petitioner along with other accused threatened the defacto complainant with dire consequences and also abused him in filthy language.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) would submit that no one has sustained injury and the A1 and A3 have already granted anticipatory bail.

5. Having regard to the fact that antecedent of the petitioner is not reported to be bad and that the co-accused have already granted anticipatory bail, 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 https://hcservices.ecourts.gov.in/hcservices/

order, before the learned Judicial Magistrate, Melur 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 10.00 am for a period of two weeks and thereafter, as and when required for interrogation.

[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/- 04/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE KEELAVALAVU POLICE STATION, KEELAVALAVU, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to Mr.K.SEEMARAJ Advocate SR.No.21856 JAM/05.05.17/MSA/SAR 4 2P-6C

ORDER

IN CRL OP(MD) No.5567 of 2017 Date :04/05/2017 https://hcservices.ecourts.gov.in/hcservices/