Vellaisamy, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21170 of 2018 VELLAISAMY ... PETITIONER / SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE, PALAVIDUTHI POLICE STATION, KARUR DISTRICT.

(CRIME NO.245/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.B.SANTHANAM RAJESHKUMAR Advocate For Respondent : MR.S.CHANDRASEKAR, ADDITIONAL PUBLIC PROSECUTOR 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 294(b), 324 and 506(ii) IPC, in Crime No.245 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners and the defacto complainant are neighbours. On 22.11.2018, the defacto complainant had thrown garbage in front of the petitioner's house, which was questioned by the petitioner, due to which, both of them attacked each other. Hence, the complaint.

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 the petitioner had sustained injury and had taken treatment as in-patient in the Government Hospital, Kulithalai from 22.11.2018 to 26.11.2018. 4.The learned Additional Public Prosecutor for the respondent police would submit 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.

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.I, Kulithalai, Karur District, 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 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/- 29/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.1, KULITHALAI, KARUR DISTRICT

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

3. THE INSPECTOR OF POLICE PALAVIDUTHI POLICE STATION, KARUR DISTRICT.

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

+1. CC to MR.B.SANTHANAM RAJESHKUMAR Advocate SR.No.22362

ORDER

IN CRL OP(MD) No.21170 of 2018 Date :29/11/2018 MK/JC/SAR 2/04.12.2018/3P/6C