M.Ramaiah, 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.21168 of 2018 1 M.RAMAIAH 2 PREMA 3 ALAGUPERUMAL 4 AKILANDAM ... PETITIONERS / ACCUSED NO.1 TO 4 Vs THE INSPECTOR OF POLICE KARIYUR POLICE STATION, PUDUKOTTAI DISTRICT.

(CRIME.NO.89/2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.K.PRAVEENKUMAR 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 petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323 and 506(i) IPC, in Crime No.89 of 2018, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners and others assaulted the defacto complainant with wooden log and caused injuries. Hence the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, anticipatory bail may be granted to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that there is a case and case in counter. The defacto complainant also attacked the petitioners, in which a case has been registered by the respondent police in Crime No.90 of 2018.

5. Taking note of the fact that this offence involved is civil

in nature, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions:

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned District Munsif Cum Judicial Magistrate, Thirumayam 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 concerned and 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]. and [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 DISTRICT CUM JUDICIAL MAGISTRATE THIRUMAYAM,PUDUKOTTAI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI.

3 THE INSPECTOR OF POLICE KARIYUR POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1. CC to Mr.K.PRAVEENKUMAR Advocate SR.No.22346 PS/VR-MMS/SAR-4/04/12/2018/3P/6C

ORDER

IN CRL OP(MD) No.21168 of 2018 Date :29/11/2018