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Madras High CourtCRL OP(MD)/1666/2015allowed

Easwaramoorthy @ Venkatesh v. The Inspector Of Police

2015-02-02Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1666 of 2015 EASWARAMOORTHY @ VENKATESH ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE THIRUCHEDUR POLICE STATION, THIRUCHENDUR, THOOTHUKUDI DISTRICT. CR. NO. 19/2105. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.ALAGAPPAN 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 448, 323 and 506(ii) of the Indian Penal Code in Crime No.19 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner would submit that on account of wordy quarrel, the present case in Crime No.19 of 2015 has been registered.

3. Considering the above, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruchendur, on condition that the petitioner shall execute a 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 twice a day at 10:30 in the morning and 06:30 in the evening for a period of two weeks and thereafter 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 https://hcservices.ecourts.gov.in/hcservices/

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]. The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not.

sd/- 02/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,TIRUCHENDUR 2 THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN 3 THE INSPECTOR OF POLICE,THIRUCHEDUR POLICE STATION, THIRUCHENDUR, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.M.ALAGAPPAN Advocate SR.No.4556

ORDER

IN CRL OP(MD) No.1666 of 2015 Date :02/02/2015 AA/05.02.2015/2p- 6c/ https://hcservices.ecourts.gov.in/hcservices/