S. Surjith v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2199 of 2016 S. SURJITH ... PETITIONER / ACCUSED NO KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE BAZAAR POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

(CRIME NO. 301/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.SANJAI GANDHI Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate. 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 147, 148, 336, 332, 324 and 307 I.P.C. in Crime No.301 of 2015 on the file of the respondent police, seeks anticipatory bail.

2.Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side).

3. It is seen that on 19.09.2015, during Vinayagar Sathurthi Festival, about 10 accused attacked the defacto complainant causing injuries to him. The co-accused in this case has been arrested and released on bail. The injured has been discharged from the hospital. The name of this petitioner does not find in the FIR and he is implicated only from the confession of the co-accused. Taking into consideration the nature of the allegations against the petitioner, this Court is inclined to grant Anticipatory Bail to the petitioner.

4. 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 order, before the learned Judicial Magistrate, Ramnad 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: https://hcservices.ecourts.gov.in/hcservices/

[a] the petitioner shall stay at Madurai and report before the Curator, Gandhi Museum, Madurai and participate in the social welfare activities 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 Judicial 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 Judicial 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]. [e] The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl.Side) whether the petitioner is complying with the order or not. sd/- 08/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE RAMNAD 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE BAZAAR POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

4 THE CURATOR, GANDHI MUSEUM, MADURAI.

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

+1. CC to M/S K.SANJAI GANDHI Advocate SR.No.7788

ORDER

IN CRL OP(MD) No.2199 of 2016 Date :08/02/2016 AM/10.02.2016/SK.SKN/SAR-I/2P/7C https://hcservices.ecourts.gov.in/hcservices/