Thangapandiyan @ Thangapandi, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20592 of 2018 THANGAPANDIYAN @ THANGAPANDI, ... PETITIONER / SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, VILATHIKULAM POLICE STATION, THOOTHUKUDI.

(CRIME NO.172/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.V.NIRMAL KUMAR Advocate For Respondent : MR.M.ASOKAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) of IPC., in Crime No.172 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that while proceeding to a shop, the defacto complainant was quarrelling with a person, known to the petitioner. Hence, the petitioner intervened in the quarrel, due to which, a scuffle arose.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with the alleged crime. Hence, anticipatory bail may be granted to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that injured person has already been discharged from the hospital. 5.Considering the fact that the injured person has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions;

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Vilathikulam, Thoothukudi 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 learned Magistrate concerned and on further condition that;

[a] if the petitioner failed 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.

[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/- 19/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, VILATHIKULAM, THOOTHUKUDI DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT 3.THE INSPECTOR OF POLICE, VILATHIKULAM POLICE STATION, THOOTHUKUDI.

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

+1. CC to MR.V.NIRMAL KUMAR Advocate SR.No.21762

ORDER

IN CRL OP(MD) No.20592 of 2018 Date :19/11/2018 AE/PN/SAR2/22.11.2018/3P/6C