Ramalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/12/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Ramalingam, ... Petitioner/Accused No.1 Vs The State Rep. by, The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District (Crime No.35 of 2022).

... Respondent/Complainant For Petitioner : M/s.Balamuruganantham R, Advocate.

For Respondent : Mr.M. Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.35 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 279, 337, 294(b) and 506(ii) IPC in Cr.No.35 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that due to family dispute, on 28.07.2022, while the defacto complainant was returning to his house in his two wheeler, the accused persons were came in the opposite direction and dashed his vehicle, in which, he sustained injuries. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as 1/3

alleged by the prosecution and his name has been falsely implicated in this case and seeks anticipatory bail.

4.The learned Government Advocate(Crl.Side) would submit that it is a second anticipatory bail petition and the earlier petition filed by the petitioner was dismissed by this Court on 22.09.2022 and now, the injured was discharged from the hospital. He would further submit that five witnesses have been examined and the investigation of the case is pending and hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital and that the five witnesses have been examined, 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 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 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 am until further orders.

(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;

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

sd/- 01/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Judicial Magistrate, Kamuthi, Ramanathapuram.

2. The Chief Judicial Magistrate, Ramanathapuram

3. The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.BALAMURUGANANTHAM, Advocate ( SR-14134[I] dated 01/12/2022 )

ORDER

IN CRL OP(MD) No.21258 of 2022 Date : 01/12/2022 TR/SSS/SAR-I(08.12.2022) 3P 6C 3/3