Sanakr Ganesh @ Chandru v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9767 of 2019 Sanakar Ganesh @ Chandru ... Petitioner/Sole Accused - VsState Rep.by The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

Crime No.291 /2019.

... Respondent/Complainant For Petitioner : M/s.G.Thalaimutharasu, Advocate. For Respondent : M/s.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 291 of 2019 on the file of the Respondent Police 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) of IPC, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that due to previous enmity a false case has been registered against the petitioner herein. He further submitted that the injured person was discharged from the hospital. Hence, he prayed to grant of anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that due to previous enmity the petitioner has abused the defacto complainant, assaulted him and thereatened with dire consequences. She further submitted that the injured persons has sustained simple injuries and he was already discharged from the hospital. However she opposed for granting anticipatory to the petitioner on the ground that investigation is still pending. 5.Taking into consideration the fact that the injured persons sustained only simple injuries and also been discharged from the hospital , this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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[6] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Cheranmahadevi 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent Police, daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for the 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 absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 11/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, CHERANMAHADEVI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.11670 ORDER IN CRL OP(MD) No.9767 of 2019 Date :11/07/2019 MS/VR/SAR-3/16.07.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/