P.Maharajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20327 of 2018 P.MAHARAJAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE, SILAIMAN POLICE STATION, MADURAI, MADURAI DISTRICT.

CRIME NO.408/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.ALAGARSAMY 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 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 506(ii) and 307 of IPC, in Crime No.408 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is a law graduate and he is doing agricultural work in the land, at that time, the petitioner used filthy language and attacked the defacto complainant, due to which, he sustained injury. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with the alleged occurrence. He further submitted that since it is a counter case, one of the accused in this case, has given a complaint against the defacto complainant which was registered in Crime No.409 of 2018. Hence, he prays for anticipatory bail. 4.The learned Government Advocate (Crl.side) for the respondent police submitted that the injured has been discharged from the hospital.

5.Taking into consideration the facts of the case and the submissions by learned counsels, this Court is inclined to grant anticipatory bail to the petitioner.

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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.II, Madurai, 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 daily at 10.00 am for a period of two weeks and thereafter 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/- 14/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRI.

3. THE INSPECTOR OF POLICE, SILAIMAN POLICE STATION, MADURAI, MADURAI DISTRICT.

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

+1. CC to Mr.S.ALAGARSAMY Advocate SR.No.95172

ORDER

IN CRL OP(MD) No.20327 of 2018 Date :14/11/2018 MS/VR-MMS/SAR-4/19.11.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/