Madras High CourtCRL OP(MD)/18449/2013disposed of

Kannan v. The Inspector Of Police

2015-02-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.18449 of 2013 KANNAN ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, CRIME NO. 291 OF 2013.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.POLAX LEGAL SOLUTIONS Advocate For Respondent : MR.A.P.BALASUBRAMANIAN,Govt. Advocate ( Crl. Side) For Intervenor : MR.BOOBATHI PANDIAN,ADVOCATE PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 420 and 506(ii) of IPC in Crime No.291 of 2013 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail. 2.On 02.02.2015, this Court referred the case to the Mediation Centre which has sent a failure report dated 05.02.2015, in which, they have stated that the petitioner and the de facto complainant had agreed to settle the matter amicably.

3.Mr.Boobathi Pandian, learned counsel for the de facto complainant submitted that the matter is amicably settled. 4.Under such circumstances, 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 (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten 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 as and when required for 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/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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[e] The Inspector of Police concerned is directed to send a compliance report to the Office of the learned Government Advocate (Criminal side), as to whether the first petitioner is complying with the order or not.

sd/- 05/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT. 2.THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM. 3.THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM. 5.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.5411 +1. CC to M/S.POLAX LEGAL SOLUTIONS Advocate SR.No.

ORDER

IN CRL OP(MD) No.18449 of 2013 Date :05/02/2015 RG.06.02.2015 2P.6C.

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