S. Sivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21981 of 2018 S.SIVAKUMAR ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT.

IN CRIME NO.253 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.MALAIKANI Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 324 and 506(ii) of IPC, in Cr.No.253 of 2018 seeks anticipatory bail.

2.The case of the prosecution is that on 06.12.2018 when the defacto complainant was on the way to home, one Angusamy waylaid him, the petitioner followed him and Angusamy assaulted the defacto complainant. Hence, the complaint.

3.The learned counsel for the petitioner would submit that a false case has been foisted against him and he had nothing to do with the alleged crime.

4.It appears that on 05.12.2018, a complaint was registered against the defacto complainant. Aggrieved against the same, the petitioner has been arrayed as accused since the petitioner is an practising Advocate had advised Angusamy. The defacto complainant taken enimity towards the petitioner and the petitioner has been falsely implicated in this case.

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5.Taking into consideration the facts of the case and since there is no overt act attributed against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.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 No.V, Trichy, 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 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/- 18/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.V, TRICHY.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT.

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

+1. CC to Mr.S.MALAIKANI Advocate SR.No.23552 ORDER IN CRL OP(MD) No.21981 of 2018 Date :18/12/2018 MS/VR-MMS/SAR-3/24.12.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/