Zaheer Hussain v. The Sub 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.1597 of 2015 ZAHEER HUSSAIN ... PETITIONER/ACCUSED 2 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT.

CR. NO.64 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK 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 :- Apprehending arrest at the hands of the respondent police in Crime No.64 of 2015, on the file of the respondent police for offences under Sections 447, 427, 294(b) and 506(i) of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory Bail.

2. It appears that there was a dispute between this petitioner and the de-facto complainant in respect of enjoyment of a tamarind tree, that is allegedly in the land of the petitioner herein.

3. It is represented that no one sustained injury in the occurrence and there is no previous case as against the petitioner.

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, Melur, 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 twice at 10.30 a.m. and 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/

[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.

[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]. [e] The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl. Side), whether the petitioner is complying with the order or not.

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, MELUR 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE SUB INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT.

4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.4894

ORDER

IN CRL OP(MD) No.1597 of 2015 Date :30/01/2015 NA/03/02/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/