Raphael Robert@Robert v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21342 of 2018 1 RAPHAEL ROBERT @ ROBERT 2 THAMOTHARAN ... PETITIONER / ACCUSED NOS.1 & 2 Vs STATE REP. BY THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.
CRIME NO.670/2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.SANTHANAM RAJESHKUMAR 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 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, and 506(ii) of I.P.C, in Crime No.670 of 2018, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner is an appraiser of the Bank of India, he arranged a loan to the defacto complainant, but, the defacto complainant has not paid a single amount. Due to money dispute, there was a wordy quarrel between the petitioners and the defacto complainant. Due to which, the petitioners assaulted the defacto complainant. Hence a case has been registered.
3. The learned counsel for the petitioners would submit that the petitioners and the defacto complainant have residing in the same village. They have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
4. Heard the learned Government Advocate (Criminal Side) for the respondent.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are ordered to be released on 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 No.I, Sivagangai, Sivagangai District, on condition that the petitioners 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 petitioners shall report before the respondent police as and when required for interrogation.
[b] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.
[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 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/- 03/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.SANTHANAM RAJESHKUMAR Advocate SR.No.22628
ORDER
IN CRL OP(MD) No.21342 of 2018 Date :03/12/2018 JM/VR MMS/SAR 2/10.12.2018/3P/6C