Vijayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22543 of 2018 VIJAYAKUMAR ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KEERAMANGALAM POLICE STATION, KEERAMANGALAM, PUDUKOTTAI DISTRICT.

IN CRIME NO. 147 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.S.KARTHICK SUBRAMANIAN, Advocate For Respondent : K.K.RAMAKRISHNAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294 (b), 285, 324, 333, 435, 307 of I.P.C. r/w Section 3(1) of TNPPDL Act, 1992, in Crime No.147 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that when the Government Officials went to visit Gaja Cyclone hit area of Pudukottai District on 17.11.2018 on the Kothamangalam Kadaiveethi some 500 people agitated and blocked the vehicles of above said Government Officials. Further some of accused persons damaged the vehicles of officials and attacked them with stones, further the mob restrained them from doing their official duty and thereby committed the above stated offence. Hence, a case has been registered.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner is the main accused in this case and he is arrayed as A2 and the petitioner having no previous case.

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5.Considering the facts and circumstances 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, Alangudi, Pudukottai District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the said Magistrate, on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 a.m until further orders.

[b] if the petitioner failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

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

[d] the petitioner shall not abscond during 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/- 01/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,PUDUKKOTTAI DISTRICT 3 THE INSPECTOR OF POLICE, KEERAMANGALAM POLICE STATION, KEERAMANGALAM,PUDUKOTTAI DISTRICT. 4 THE THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.S.KARTHICK SUBRAMANIAN, Advocate SR.No.2393 ORDER IN CRL OP(MD) No.22543 of 2018 Date :01/02/2019 LS PK/JC/SAR-1/08.02.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/