Madras High CourtCRL OP(MD)/1300/2015ordered

Paramasivam v. The Inspector Of Police

2015-01-28Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1300 of 2015 PARAMASIVAM ..PETITIONER/ACCUSED (RANK NOT KNOWN) Vs.

STATE REP.BY THE INSPECTOR OF POLICE MUNNEERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.

(CR.NO.272 OF 2014) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.D.VENKATESH Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) 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 in Crime No.272 of 2014, on the file of the respondent police for offences under Sections 379 of the Indian Penal Code read with Section 3 of TNPPDL Act, the petitioner is now before this Court seeking Anticipatory Bail.

2. It is the case of the prosecution that the petitioner along with other accused was loading sand in a lorry.

3. It is represented by the learned Government Advocate (crl. Side) that there is no previous case against this petitioner.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, but with conditions.

5. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, No.V, Tirunelveli, 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 every day at 10.30 a.m. for a period of two weeks and thereafter 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.

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

sd/- 28/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, MUNNEERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.

+1. CC to M/S.D.VENKATESH Advocate SR.No.3753 ORDER IN CRL OP(MD) No.1300 of 2015 Date :28/01/2015 PBK 29/01/2015 ::2P-6C:

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