CRL OP(MD)/17998/2017 of V.KARTHIKEYAN, Vs THE SUB INSPECTOR OF POLICE, on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.17998 of 2017

V.KARTHIKEYAN

... PETITIONER /SOLE ACCUSED

Vs

STATE REP.BYTHE SUB INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.516 OF 2017)

... RESPONDENT / COMPLAINANT

For Petitioner : M/S.N.SETHURAMAN Advocate For Respondent : M/S.K.ANBARASAN, Government 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 therespondent police for the alleged offence punishable under Sections294(b), 324, 506(ii) of IPC in Crime No.516 of 2017 on the file ofthe respondent police, seeks anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that when the petitioner hasdriven his car in a rash and negligent manner, the same wasquestioned by the de facto complainant's brother and therefore,there was a quarrel arose and that the petitioner assaulted the defacto complainant's brother and also threatened him with direconsequences.

4.It is submitted by the learned counsel for the petitionerthat the petitioner is an innocent person and he has not committedany offence and prays for anticipatory bail in favour of thepetitioner.

5.The learned Government Advocate (Crl.side) submitted that theinjured discharged from the hospital and charge sheet has not beenfiled in this case.

6.Considering the facts and circumstances of the case andtaking note of the fact that the injured was discharged from the hospital, I am inclined to grant anticipatory bail to thepetitioner. Accordingly, the petitioner is ordered to be released onbail in the event of arrest or on his appearance, within a period offifteen days from the date of receipt of a copy of this order,before the learned Judicial Magistrate, Manamadurai on conditionthat 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 tothe satisfaction of the respondent police or the police officer whointends to arrest or to the satisfaction of the learned Magistrateconcerned and on further condition that:

[a] the petitioner shall report before the respondent Policedaily at 10:30 am until further orders.

[b] the petitioner shall not tamper with evidence or witnesseither 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 learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioner in accordance with law as if the conditionshave been imposed and the petitioner released on bail by the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/-

28/12/2017

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO