Ananthan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22486 of 2018 1 ANANTHAN 2 PARAMU @ PARAMESWARI 3 THOTHTHAN ... PETITIONERS / ACCUSED NO.4 TO 6 Vs STATE REP. BY THE INSPECTOR OF POLICE, RAJATHANI POLICE STATION, THENI DISTRICT.

CRIME NO.377 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.V.SANKARANARAYANAN 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 petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 506(ii) and 109 of IPC, in Cr.No.377 of 2018 seek anticipatory bail.

2.The case of the prosecution is that on 26.10.2018 due to the previous motive the petitioners assaulted the defacto complainant with aruval and stick while she was working in her agricultural field. As a result she sustained bleeding injuries. Hence, the complaint.

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

4.The learned Government Advocate (Crl. Side) submits that the injured person in this case has been discharged from the hospital and this is case in counter case.

5.Taking into consideration the facts of the case and the fact that the injured person in this case has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

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6.Accordingly, the petitioners 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, Andipatti, condition that 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 petitioners 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/- 03/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, RAJATHANI POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.V.SANKARANARAYANAN Advocate SR.No. 295

ORDER

IN CRL OP(MD) No.22486 of 2018 Date :03/01/2019 JM/PN/SAR 3/08.01.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/