Nithesh, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22382 of 2018 1.NITHESH, 2 PRATHAP, 3 ABI 4 AKASH, ... PETITIONERS / ACCUSED No.1 TO 4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE R.S.MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO.144/2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR.G.THALAIMUTHARASU Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) of IPC in Crime No.144 of 2018, seek anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, there was a wordy quarrel between the petitioners and the de facto complainant and in which the petitioners attacked the de facto complainant and caused simple inujury.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The learned counsel for the petitioners further submitted that they have been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the injured has been discharged.

5.Taking into consideration the facts of the case and also considering the fact that the injured has been discharged, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvadanai, on condition that the each of the petitioners 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] the petitioners shall report before the respondent police as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners 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/- 19/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUVADANAI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE R.S.MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to MR.G.THALAIMUTHARASU Advocate SR.No.23803

ORDER

IN CRL OP(MD) No.22382 of 2018 Date :19/12/2018 AE/PN-AC/SAR3/31.12.2018/3P/6C