Gajenthiran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL CRL OP(MD). No.15563 of 2023 Gajenthiran ... Petitioner/Accused No.3 Vs The State represented by The Inspector of Police, Theriruveli Police Station, Ramanathapuram District.

Crime No.48 of 2023..

... Respondent/Complainant For Petitioner : M/s.Uthayakumar A, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.48 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b),324 and 506(ii) of IPC in Crime No.48 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The learned counsel for the petitioner would contend that the respondent police has foisted a false case against him and he has not committed any offence as alleged in the First Information Report. He would further submit that no previous case is pending against the petitioner, hence he seeks anticipatory bail.

3. The learned Additional Public Prosecutor would submit that petitioner along with other accused assaulted the defacto complainant with iron rod and he is still taking treatment in the hospital, hence he objected to grant anticipatory bail to the petitioner

4. Heard both side and perused the materials available on record.

5. Considering the rival submissions on either side and considering the fact that though the injured still taking treatment he sustained only simple injuries and considering the nature of offence and considering that except section 506(ii) of IPC all other offences are bailable in nature this Court is inclined to grant anticipatory bail to the petitioner, subject to the following 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 on which the order copy made ready, before the learned Judicial Magistrate, Muthukulathur, Ramanthapuram District 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 learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.00 a.m., for a period of thirty days and thereafter as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial. [d] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 28/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE, MUTHUKULATHUR, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.15563 of 2023 Date :28/08/2023 SS/VRS/29/08/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023