Nagarajan v. The Inspector Of Police

CRL OP(MD). No.6293 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2020 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD). No.6293 of 2020 Nagarajan ... Petitioner/Accused No.1 Vs The State rep. by The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

In Crime No.134 of 2020.

... Respondent/Complainant For Petitioner : Mr. A.Mohan, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 134 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) of IPC, in Crime No.134 of 2020, on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that due to money dispute the petitioner herein along with two others have attacked the defacto complainant. Hence, the complaint.

4. The learned counsel appearing for the petitioner would submit that that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution.

5. The learned Government Advocate (crl.side) appearing for the respondent State, on instructions, would submit that the injured has been discharged from the hospital.

6. Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

(i) Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6293 of 2020 Judicial Magistrate No.II, Pudukkottai, and on his executing 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 learned Magistrate concerned.

(ii) The petitioner shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter, as and when required for interrogation.

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

7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

8.The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

sd/- 17/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO II, PUDUKKOTTAI.

2 -DO- THRO THE CHEIF JUDICIAL MAGISTRATE, PUDUKKPTTAI DISTRICT.

3 THE INSPECTOR OF POLICE THIRUGOKARNAM POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6293 of 2020 Date :17/06/2020 PD/JC/SAR 3/19.06.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2