Arul v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2019 PRESENT The Hon'ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9982 of 2019 Arul, ... Petitioner/Accused No.3 Vs The Inspector of Police, Devakottai Taluk Police Station, Devakottai, Sivagangai District.

(Cr.No.133/2019).

... Respondent/Complainant For Petitioner : M/s.S.Sathya Chidambaram, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.133/2019 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 and Section 4 of Women Harassment Act, in Crime No.133 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that due to civil dispute is with regard to family property, a false case has been registered against the petitioner. He further submitted that the injured sustained only simple injury and he has already been discharged from the hospital. He further submitted that already civil disputes are pending between A1's brother-in-law and the defacto complainant. He further submitted that except the offences under Section 506(ii) of IPC and Section 4 of Women Harassment Act, all other offences are bailable in nature. Hence, he prayed for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent has submitted that investigation is still pending. Thus,

he opposed this petition. However, he fairly conceded that the injured sustained only simple injury and he has already been discharged from the hospital.

5.Taking into consideration the submission made by the learned counsel for the petitioner that already civil disputes are pending between A1's brother-in-law and the defacto complainant and also the fact that the injured sustained only simple injury and he has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner by imposing certain conditions.

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, Devakottai, Sivagangai 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 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: (i) If the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) 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 before the respondent police for interrogation. (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not abscond either during investigation or trial.

(v) 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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI, SIVAGANGAI DISTRICT.

2 DO THRO'THE CHIEF JUDICAIL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-11831[I] dated 17/07/2019 )

ORDER

IN CRL OP(MD) No.9982 of 2019 Date :16/07/2019 vsg AE/JC/SAR-I (19.07.2019) 3P 6C