M.Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of December Two Thousand Fifteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.24421 of 2015 M.KANNAN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE P.C.PATTI POLICE STATION, THENI DISTRICT CRIME NO.607/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.RAMESH BABU Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 323, 506(i) r/w Section 109 of IPC, in Crime No.607 of 2015 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that on 28.07.2015 the petitioners as well as the de-facto complaint are living in the same village and having the previous enmity between them both parties were made wordy quarrel between them.

3.The learned counsel appearing for the petitioner submitted that the petitioners have been falsely implicated in this case. 4.It is submitted by the learned Government Advocate (Crl.side) that the injured person had already been discharged from the hospital. He further submitted that the petitioner has not complied with the condition imposed by this Court, dated 04.08.2015, in Crl.O.P.(MD) No.14912 of 2015.

5.Considering the fact that this Court already granted anticipatory bail to the petitioner in Crl.O.P.(MD)No.14912 of 2015, dated 04.08.2015, I am inclined to grant anticipatory bail to the petitioner. 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, Bodi, on condition that the https://hcservices.ecourts.gov.in/hcservices/

petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for the purpose of 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 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 6.The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not.

7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 21/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,BODI.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE THENI. 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE P.C.PATTI POLICE STATION, THENI DISTRICT +1. CC to M/S S.RAMESH BABU Advocate SR.No.76304

ORDER

IN CRL OP(MD) No.24421 of 2015 Date :21/12/2015 RG.SK-SKN/AR-I 28/12/2015 2P:6C https://hcservices.ecourts.gov.in/hcservices/