Madras High CourtCRL OP/3074/2019granted

P.Maheswaran v. State Rep.By

2019-02-07Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.3074 of 2019 1 P.MAHESWARAN [ PETITIONERS / ACCUSED ] 2 MAHALAKSHMI Vs 1 STATE REP.BY [ RESPONDENT ] SUB-INSPECTOR OF POLICE, KANNAKURICHI POLICE STATION, SALEM CITY.

CR.NO.400 OF 2017.

For Petitioner : M/S.ABUBACKER SIDHIC Advocate For Respondent : MRS.M.PRABHAVATHI ADDL.PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 323, 294(b), 506(ii)of IPC in Crime No.400 of 2017 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that these petitioners who are brother-in law and his wife have threatened the defacto complainant. Admittedly, no injury was caused and the investigation has already been completed and final report has already been filed.

3. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to this petitioner with certain conditions. 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 on which the order copy made ready, before the learned Judicial Magistrate IV, Salem on condition that the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees five thousand only) each 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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. https://hcservices.ecourts.gov.in/hcservices/

[b] the petitioner shall report before the respondent police, as and when required for interrogation.

[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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 07/02/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.IV, SALEM 2 THE CHIEF JUDICIAL MAGISTRATE SALEM[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 SUB-INSPECTOR OF POLICE, KANNAKURICHI POLICE STATION, SALEM CITY.

+1 CC to M/S.ABUBACKER SIDHIC Advocate on payment of necessary charges SR.NO. 2729 CRL OP.3074/2019 Date :07/02/2019 RD 11/02/2019 https://hcservices.ecourts.gov.in/hcservices/