Rajkumar v. The Inspector Of Police
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.1349 of 2015 1 RAJKUMAR 2 MARIYAPPAN 3 ARUNACHALAM 4 SARASWATHI 5 RAJALAKSHMI ... PETITIONERS/A1- A5 Vs STATE.REP.BY THE INSPECTOR OF POLICE TUTICORIN TOWN NORTH POLICE STATION, TUTICORIN, TUTICORIN DT.
CR.NO.30 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.ARAVIND RAJ Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) 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 alleged offences punishable under Sections 147, 448, 294-b, 323 and 506(ii) of Indian Penal Code r/w Section 4 of Women Harassment Act in Crime No.30 of 2015 on the file of the respondent police, seek anticipatory bail.
2. It appears that the defacto complainant is a relative of the petitioners herein and on the marriage day of the defacto complainant, this incident had taken place.
3. It is represented by the learned Government Advocate (Criminal Side) that the injured has been discharged from the hospital. There is no previous case against these petitioners.
4. Considering the facts and the injured had already been discharged from hospital and that the petitioners have no previous antecedent, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.2, Tuticorin, Tuticorin District, on condition that the petitioners shall execute 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 petitioners 1 to 3 shall reside at Madurai and sign before the Tallakulam Police Station, twice a day at 10:30 a.m., in the morning https://hcservices.ecourts.gov.in/hcservices/
and 06:30 p.m., in the evening for a period of two weeks and thereafter, as and when required for interrogation. The petitioners 4 and 5 shall report before the respondent police as and when required for interrogation.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, TUTICORIN,TUTICORIN DISTRICT.
2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.
3 THE INSPECTOR OF POLICE TUTICORIN TOWN NORTH POLICE STATION, TUTICORIN, TUTICORIN DT.
THE OFFICER INCHARGE, TALLAKULAM POLICE STATION, MADURAI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.ARAVIND RAJ Advocate SR.No.3758
ORDER
IN CRL OP(MD) No.1349 of 2015 Date :28/01/2015 PA/30.01.15/2P/7C https://hcservices.ecourts.gov.in/hcservices/