Ramalingam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1464 of 2015 1 RAMALINGAM 2 THANGAM 3 RAMAKRISHNAN ..PETITIONERS/ACCUSED Vs.
STATE REP.BY THE INSPECTOR OF POLICE POLCE STATION KULITHALAI, KARUR DISTRICT.
CR.NO.4 OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. RM. SIVAKUMAR 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 for the alleged offences punishable under Sections 294(b), 323, 341 and 506(i) IPC in Crime No.4 of 2015 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.
2.The case of the prosecution is that the petitioners have assaulted the defacto complainant and caused injury.
3.The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) submits that the injured has been discharged from the hospital and that no previous case has been registered against the petitioner.
5.Considering the fact that the injured has already been discharged from hospital, 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 (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Kulithalai, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten 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 and on further condition that, [a] the petitioners 1 and 3 shall stay at Trichy and report before the Trichy Fort Police Station every day twice, i.e. 10.30 a.m. and 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation;
[b] the 2nd petitioner shall report before the respondent/Police as and when required for interrogation.
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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[d] 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/- 29/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, KULITHALAI, KARUR DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, POLCE STATION KULITHALAI, KARUR DISTRICT. 5 THE INSPECTOR OF POLICE, TRICHY FORT POLICE STATION, TRICHY. +1. CC to M/S. RM. SIVAKUMAR Advocate SR.No.3960 ORDER IN CRL OP(MD) No.1464 of 2015 Date :29/01/2015 PBK 30/01/2015 ::2P-7C:
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