Kumar 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.20321 of 2018 KUMAR ... PETITIONER / 1st ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT, (CRIME NO.355/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.SIVASUBRAMANIAN 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 341, 294(b), 326 and 506(2) IPC in Crime No.355 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner and two others waylaid the the defacto complainant and abused in filthy language. The petitioner said to have attacked the defacto complainant. Due to which, the defacto complainant sustained injuries.

3.The learned counsel for the petitioners would submit that the petitioner is innocent person and he has nothing to do as alleged by the defacto complainant. He further submitted that A2 and A3 was granted bail by the Lower Court.

4.The learned Government Advocate (Crl.side) for the respondent police submitted that there are totally three accused. He also submitted that the injured has been discharged from the hospital on 30.10.2018.

5.Taking into consideration the facts of the case, 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, Thiruvaiyaru, 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 four 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, THIRUVAIYARU.

2.DO THRO' THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRCT AT KUMBAKONAM

3.THE INSPECTOR OF POLICE THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to MR.A.SIVASUBRAMANIAN Advocate SR.No.21517

ORDER

IN CRL OP(MD) No.20321 of 2018 Date :14/11/2018 RMK AE/JC/SAR4/20.11.2018/3P/6C