Ramachandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM Ramanchandran ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

(In Crime No.147 of 2019) ... Respondent/Complainant For Petitioner : M/s.G.Vishnuram, Advocate.

For Respondent : M/s.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.147 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), 353, 323 and 506(i) IPC seeks anticipatory bail.

2. Heard both sides.

3.The case of the prosecution is that the defacto complainant is working as a Branch Manager at TNSTC, Kamuthi and the petitioner is working as a Conductor at the same Branch. When the petitioner prayed for leave, the defacto complainant refused to grant leave to him and due to the same, the petitioner abused the defacto complainant and prevented him to discharge his duty. Hence, the complaint.

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4.The learned counsel appearing for the petitioner has submitted that the petitioner did not commit any offence as alleged by the prosecution and he is falsely implicated in this case. 5.The learned Government Advocate(Crl.side) appearing for the respondent police has submitted that the defacto complainant has sustained only simple injury and he has been treated as out-patient. 6.Taking into consideration of the fact that the defacto complainant has sustained only simple injury and he has been treated as out-patient, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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

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TO

1. THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT.

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

3. THE INSPECTOR OF POLICE, KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S. G.VISHNURAM Advocate SR.No.13366

ORDER

IN CRL OP(MD) No.11155 of 2019 Date :08/08/2019 MS/VR/SAR-4/19.08.2019/3P.6C 3/3