K. Ranjith Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of May Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CRL OP(MD) No.8241 of 2016 K. RANJITH KUMAR ... PETITIONER/SOLE ACCUSED Vs STATE REB.BY THE INSPECTOR OF POLICE PUTHUR POLICE STATION, TUTICORIN DISTRICT, CR NO. 35 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.SUBBARAJ Advocate For Respondent : M/S.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) I.P.C., in Crime No.35 of 2016, on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that on 17.05.2016 the petitioner has scolded the defacto complainant and attacked him by using hands and due to that the defacto complainant has sustained injuries.
3.Mr.P.Subbaraj, learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in the present case and he has not committed any offence as alleged by the defacto complainant and now he is having apprehension of arrest. It is also submitted that there is no previous case against the petitioner.
4.Mr.A.P.Subramani, learned Government Advocate (Criminal Side) appearing for the State submits that the injured has been discharged from the hospital and no previous case has been recorded against the petitioner. It is also reported that investigation is almost over.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner subject to conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Vilathikulam, Tuticorin District, 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 conditions that:
(a) the petitioner shall report before the respondent police daily at 10.30 a.m., untill 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) the petitioners shall comply with the conditions stipulated under Section Cr.P.C., scrupulously.
(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].
sd/- 25/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VILATHIKULAM, THOOTHUKUDI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE PUTHUR POLICE STATION, TUTICORIN DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.SUBBARAJ Advocate SR.No.27122
ORDER
IN CRL OP(MD) No.8241 of 2016 Date :25/05/2016 SDR/AN-MP/SAR II/27.05.2016/3P/6C