Allowed

Thirunavukarasu, v. the Inspector of Police

Madras HC16 Mar 2018CRL OP(MD)/4190/2018

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner accused of abuse and assault, observing that involved offences were largely bailable, and releasing him on bond with conditions to report to police and not tamper with evidence.

What did the court decide?

Granted anticipatory bail with conditions: execute bond of Rs.25,000/-, report daily for three weeks, no tampering with evidence or witnesses, and no absconding.

Thirunavukarasu, Vs the Inspector of Police — Anticipatory Bail | Madras HC (2018)

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

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Friday, the Sixteenth day of March Two Thousand Eighteen

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PRESENT

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The Hon`ble Mr.Justice R.PONGIAPPAN

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CRL OP(MD) No.4190 of 2018

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THIRUNAVUKARASU, ... PETITIONER/SOLE ACCUSED

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STATE REPRESENTED BY THE INSPECTOR OF POLICE, SALAIGRAMAM POLICE STATION, SIVAGANGAI DISTRICT. (CRIME NO.19 OF 2018) ... RESPONDENT / COMPLAINANT

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For Petitioner : M/S.S.PUGALENDHI Advocate

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For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side)

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

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ORDER : The Court Made the following order :-

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The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, and 506(i) I.P.C., in Crime No.19 of 2018, seeks anticipatory bail.

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2.The case of the prosecution is that due to previous enmity, the petitioner abused the defacto complainant by using filthy language and also assaulted him, thereby, he sustained injury. Hence, a case has been registered for the above said offences.

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3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail.

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4.The learned Government Advocate (Criminal Side) appearing for the State submitted that investigation is still pending.

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https://hcservices.ecourts.gov.in/hcservices/

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5.The submissions made by the learned counsel appearing on either side are considered. It is alleged, during the time of

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occurrence, due to previous enmity, the petitioner assaulted the defacto complainant, due to which, he sustained injury and he was treated as out patient in the hospital. Further, except Section 506(i) I.P.C., all other petition mentioned offences are bailable in nature. So, considering the nature of offence committed by the petitioner, custodial interrogation of the petitioner may not be necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, he 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 District Munsif Cum Judicial Magistrate, Ilayankudi, on condition that the 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(i) the petitioner shall report before the respondent Police daily at 10.00 a.m. for a period of three weeks, thereafter, as and when required for interrogation.

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(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

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(iii) the petitioner shall not abscond either during investigation or trial.

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(iv) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and 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].

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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https://hcservices.ecourts.gov.in/hcservices/

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MSA TO 1 THE DISTRICT MUNSIF CUM

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JUDICIAL MAGISTRATE, ILAYANKUDI

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT

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3 THE INSPECTOR OF POLICE,

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SALAIGRAMAM POLICE STATION, SIVAGANGAI DISTRICT.

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

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+1. CC to M/S.S.PUGALENDHI Advocate SR.No.4386

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GJM/PN/SAR-I-3.4.18-3P-6C

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ORDER IN

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CRL OP(MD) No.4190 of 2018

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Date :16/03/2018

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https://hcservices.ecourts.gov.in/hcservices/

Thirunavukarasu, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Thirunavukarasu, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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