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Madras High CourtCRL OP(MD)/1466/2015ordered

Vellimalai v. The Inspector Of Police

2015-01-29Honourable Mr Justice P. N. Prakash2 pages

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.1466 of 2015 1 VELLIMALAI 2 VIJI @ VIJAY 3 TULASIRAMAN 4 PANDIYAN @ SAKARAI PANDIYAN 5 CHIDAMBARAM ... PETITIONERS/ACCUSED NO.2, A4 TO A7 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE AMMAIYANAICKANOOR POLICE STATION, DINDIGUL DISTRICT, CRIME NO.48/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R. SURESHKUMAR Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN 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 an alleged offence punishable under Sections 147, 294(b), 323, 506(ii) of IPC in Crime No.48 of 2015, seek anticipatory bail.

2. It is the case of the prosecution that in a dispute arose between the petitioners and the de facto complainant, no one is injured.

3. Considering the facts and circumstances of the case, 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, Nilakottai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two sureties each for a like sum to the https://hcservices.ecourts.gov.in/hcservices/

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 shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter 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/- 29/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NILAKOTTAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRIRCT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE AMMAIYANAICKANOOR POLICE STATION, DINDIGUL DISTRICT +1. CC to M/S.R. SURESHKUMAR Advocate SR.No.4368 RL/6 C- 2/2/2015

ORDER

IN CRL OP(MD) No.1466 of 2015 Date :29/01/2015 https://hcservices.ecourts.gov.in/hcservices/