Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2019 PRESENT The Hon'ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.10600 of 2019 Karthick, ... Petitioner/3rd Accused Vs The State by The Inspector of Police, Mudukulathur Police Station, Ramnad District.

(Crime.No.102/2019).

... Respondent/Complainant For Petitioner : M/s.D.Venkatesh, Advocate.

For Respondent : Mr.A.P.G.Ohmchairma Prabhu, Government Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Cr.No.102 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 448, 294(b), 323 and 506(ii) of IPC and Section 4 of TNPHW Act, in Crime No.102 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that a false case has been registered against the petitioner. He further submitted that a counter case has also been registered. He further submitted that the injured sustained only simple injury and she has already been discharged from the hospital. He further submitted that except the offence under Section 506(ii) of IPC and Section 4 of TNPHW Act, all other offences are bailable in nature. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent Police has submitted that the investigation is still pending. Hence, he opposed this petition. However, he fairly

conceded that the injured sustained only simple injury and she has already been discharged from the hospital.

5.Taking into consideration the fact that the injured sustained only simple injury and she has already been discharged from the hospital and also the fact that a counter case has been registered against the defacto complainant, 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, Mudukulathur, 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/- 30/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MUDUKULATHUR 2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM 3 THE INSPECTOR OF POLICE MUDUKULATHUR POLICE STATION, RAMNAD DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.VENKATESH Advocate SR.No.12361

ORDER

IN CRL OP(MD) No.10600 of 2019 Date :30/07/2019 KM/JC/SAR-II (01.08.2019) 3P 6C