Prabukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.13951 of 2014 PRABUKUMAR ... PETITIONER/ ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI DT, CRIME NO.11/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.VEILKANIRAJU Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. 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.11 of 2014, on the file of the respondent police for offences under Sections 294(b), 406, 498(A) and 506(i) of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory Bail.

2. Earlier, this matter was referred to the Mediation and Conciliation Centre and the Mediation and Conciliation Centre has send a failure report dated 22.12.2014.

3. It is seen that investigation has been completed and final report has been filed in C.C.No.289 of 2014.

4. Under such circumstances, 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, Theni, 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.

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[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/- 30/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,THENI.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE THENI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THENI DISTRICT +1. CC to M/S.M.VEILKANIRAJU Advocate SR.No.4295

ORDER

IN CRL OP(MD) No.13951 of 2014 Date :30/01/2015 RG.02.02.2015 2P.6C.

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