K.Ragunathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN K.Ragunathan ... Petitioner/1st Accused Vs State through, The Inspector of Police, Kallikudi Police Station, Madurai District.
Crime No. 1582 of 2020. ... Respondent/Complainant For Petitioner : Mr.M.Prabu, Advocate.
For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1582 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police for the offences punishable under sections 341, 342, 324 and 506(ii) of IPC, in Crime No.1582 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioner along with other accused said to have abused the defacto complainant by using filthy language and assaulted him with hands and caused injuries. Based on the complaint given by the defacto complainant, the crime has been registered against the petitioner.
3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.
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4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that due to previous enmity, the petitioner has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that due to previous enmity, the occurrence said to have taken place. He further submitted that the injured person has already been discharged from the hospital. 6.Considering the facts and circumstances of the case and also considering the fact due to previous enmity, the occurrence said to have taken place and the injured person has already been discharged from the hospital, 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 two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumangalam, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for 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]; and; 2/3
(f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 14/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE JUDICIAL MAGISTRATE, THIRUMANGALAM 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3.THE INSPECTOR OF POLICE KALLIKUDI POLICE STATION, MADURAI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14676 of 2020 Date :14/12/2020 VSG PK/JC/SAR-III/16.12.2020 : 3P/5C 3/3