CRL OP/29783/2017 of MARI @ MARIMUTHU, 40 YRS, Vs STATE BY, on 28 December 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT

The Hon`ble Mr Justice R. PONGIAPPAN

CRIMINAL ORIGINAL PETITION No.29783 of 2017

MARI @ MARIMUTHU, [ PETITIONER / ACCUSED ]

Vs

STATE BY, [ RESPONDENT ]

INSPECTOR OF POLICE, KANDAMANGALAM POLICE STAITON, VILLUPURAM DISTRICT.

CR.NO.NOT KNOWN OF 2017.

For Petitioner : M/S.R.RAMESH Advocate

For Respondent : MR.R. SEKAR, Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- Heard both sides.

2. The petitioner is arrayed as accused in Crime No.804/2017on the file of the respondent police. He apprehend arrest at thehands of the respondent police for the alleged offences u/s.294(b), 323, 324, and 506(i) IPC and he has filed this petition,seeking grant of anticipatory bail.

3. The alleged occurrence was happened between the mother andthe son i.e., the defacto complainant and the petitioner. Thecase of the prosecution is that there was some civil disputebetween the defacto complainant and the petitioner, the whileso, on the date of occurrence, the petitioner picked up quarrelwith the complainant and abused the complainant with filthylanguage and assaulted and caused injuries to the complainantand in addition to that he threatened her with dire consequences.

4. The learned counsel appearing for the petitionersubmitted that the petitioner has been falsely implicated inthis case, he has not committed any offence as alleged,he is inno way connected with the offences, and pleads for grant ofanticipatory bail to the petitioner.

5. The learned Government Advocate submitted thatinvestigation is not yet completed. According to him, theinjured was discharged from hospital.

6. Considering the submissions of both sides, it seems thatthe occurrence was happened due to the wordy quarrel between thepetitioner and the defacto complainant. However, the learnedGovernment Advocate represented that the person who sustainedinjuries during the time of occurrence was discharged from thehospital after completing treatment.

7. Taking all the above said aspects into consideration,and having regard to the nature of offence,this Court come tothe conclusion that in order to complete investigation,custodial interrogation is not necessary, accordingly this Courtis inclined to grant anticipatory bail to the petitioner subjectto the following conditions:-

(i) The petitioner is granted anticipatory bail in the eventof his arrest or on his surrender before Judicial Magistrate,No.1, Villupuram, on or before 11-01-2018, failing which thepetition shall stand dismissed automatically.

(ii) On such arrest or surrender, the petitioner is orderedto be enlarged on bail on his executing a bond for Rs.10,000/-with two sureties for a like sum each to the satisfaction of theJudicial Magistrate, No.1, Villupuram.

(iii) The petitioner is directed to appear before therespondent police daily at 10.00 a.m. for a period of two weeks.

(iv)

(iv) The petitioner shall make himself available forinterrogation as and when required by the investigation officer.

(v) On breach of any of the aforesaid conditions, theanticipatory bail granted to the petitioner shall standautomatically cancelled, and the learned Magistrate / TrialCourt is entitled to take appropriate action against thepetitioner in accordance with law as if the conditions have beenimposed and the petitioner released on bail by the learnedMagistrate / Trial Court himself as laid down by the Hon’ble Supreme Court in P.K.Shaji Vs State of Kerala [(2005) AIR SCW5560].

-sd/-

28/12/2017

This order, on being produced, be punctually observed andcarried into execution by all concerned TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO

1 THE JUDICIAL MAGISTRATE,NO.I, VILLUPURAM

2 THE CHIEF JUDICIAL MAGISTRATEVILLUPURAM (FOR INFORMATION)

3 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.

4 STATE BY,INSPECTOR OF POLICE, KANDAMANGALAM POLICE STAITON, VILLUPURAM DISTRICT. CR.NO.NOT KNOWN OF 2017.

+1 CC to M/S.R.RAMESH Advocate on payment of necessarycharges Sr.No.23378

CRL OP.29783/2017

Date :28/12/2017

MD: 29/12/2017