Sundaramoorthi Alias Moorthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2019 PRESENT The Hon'ble Mr.Justice P.RAJAMANICKAM Sundaramoorthi @ Moorthi ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Shanarpatti Police Station, Shanarpatti Police Station, Shanarpatti, Dindigul District.

Crime No. 335 of 2019.

... Respondent/Complainant For Petitioner : M/s.K.Arun Raj, Advocate.

For Respondent : Mrs.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 335 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 Section 25(1A) of Arms Act, 1959 r/w 337 of IPC in Crime No.335 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that the petitioner has not committed any offence as 1/3

alleged by the prosecution and he has been falsely implicated in the above case. He further submitted that even as per the FIR, only the petitioner herein has sustained injury not any other person and therefore, he prayed to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police has submitted that the petitioner has used to country made gun and sustained injuries and till now he is taking treatment in a hospital as in patient and therefore, she strongly opposed this petition.

5.Taking into consideration of the fact that except the petitioner herein no other person has sustained any injury and also the fact that no bad antecedent is reported against the petitioner, 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 Judicial Magistrate Court No.III, Dindigul, 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]. 2/3

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

sd/- 28/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, DINDIGUL. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, SHANARPATTI POLICE STATION, SHANARPATTI POLICE STATION, SHANARPATTI, DINDIGUL DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.ARUN RAJ Advocate SR.No.14282

ORDER

IN CRL OP(MD) No.11061 of 2019 Date :28/08/2019 AM/PN/SAR-2/04.09.2019/3P-6C 3/3