Muruga Boopathi@Katta v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21186 of 2018 MURUGA BOOPATHI @ KATTA BOOPATHI, ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY ITS THE INSPECTOR OF POLICE, KADALADI POLICE STATION, (CRIME NO.100/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.S.JEYAKARTHIK 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 petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b) & 323 of IPC and 3 & 5 of TNPPDL Act, 1992, in Cr.No.100 of 2018 seeks anticipatory bail.

2. The case of the prosecution is that on 03.11.2018, when the defacto complainant on his way in his van, the accused person come by this auto in the opposite direction and there was a wordy altercation arose between them. At that time, the accused assaulted the defacto complainant with hands and caused damages to the tune of Rs.26,000/- be breaking the front glass of the van of the defacto complainant. Hence, the complaint.

3.The learned counsel for the petitioner would submit that a false case has been foisted against him and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl. Side) submitted that the accused persons caused damages to the tune of Rs.26,000/-.

5.Taking into consideration the facts 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, Mudhukulathur, 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 deposit a sum of Rs.10,000 (Rupees Ten thousand only) to the credit of crime number before the concerned Judicial Magistrate.

[c] the petitioner shall report before the respondent police as and when required for interrogation.

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

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 05/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MUDUKULATHUR.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE,

3.THE INSPECTOR OF POLICE, KADALADI POLICE STATION, 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.M.S.JEYAKARTHIK Advocate SR.No.22823

ORDER

IN CRL OP(MD) No.21186 of 2018 Date :05/12/2018 TM AE/VR MMS/SAR1/11.12.2018/3P/6C