Rajaiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM Rajaiyan ... Petitioner/Accused Vs Represented by The Inspector of Police, Karungal Police Station, Kanyakumari District.

(Crime No.261 of 2019).

... Respondent/Complainant For Petitioner : M/s. M.R. Sreenivasan, 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.261 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 and 506 (i) of IPC,in Crime No.261 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that as per the FIR, on 03.07.2019, due to wordy quarrel arose between the petitioner and the defacto complainant with regard 1/3

to take Keelkottu Tank for dredging. He further submitted that no one sustained any injuries and no previous case is pending against the petitioner, and therefore, he prayed to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent has submitted that the petitioner is working as an Assistant Engineer, Public Works Department, Eraniel. The defacto complainant made an application to take Keelkottu Tank for dredging. But, the petitioner has not considered the defacto complainant's application and criminally intimidated him, and hence, she opposed this petition. However, she fairly conceded that no previous case is pending against the petitioner.

5.Taking into consideration of the fact that only wordy altercation took place between the petitioner and the defacto complainant and also the fact that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with 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, Eraniel, 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 fail 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble 2/3

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/- 22/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. M.R. SREENIVASAN Advocate SR.No.14045

ORDER

IN CRL OP(MD) No.11744 of 2019 Date :22/08/2019 AM/PN/SAR-1/29.08.2019/3P-6C 3/3