Siva v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.173 of 2015 SIVA ... PETITIONER/ 2nd ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT. CR. NO. 2/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.T.RAMESH RAJA 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.2 of 2015, on the file of the respondent police for offences under Sections 294(b), 452, 387, 120(B) and 506(ii) of the Indian Penal Code and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, the petitioner is now before this Court seeking Anticipatory Bail.

2. It is the case of the prosecution that the accused in this case by name Vasagan and Kanagaraj had entered into the house of the de-facto complainant and had threatened her. Vasagan has been arrested and remanded to judicial custody. The allegation against this petitioner is that he had threatened the de-facto complainant over phone.

3. Under such circumstances, I am inclined to grant anticipatory bail to him, but with conditions.

4. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Sathankulam, 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 stay at Tirunelveli and report before the Junction Police Station every day twice i.e. at 10.30 a.m. and https://hcservices.ecourts.gov.in/hcservices/

6.30 p.m, for a period of two weeks without fail 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 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/- 08/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SATHANKULAM 2 THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN 3 THE INSPECTOR OF POLICE,MEIGNANAPURAM POLICE STATION, THOOTHUKUDI 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.939

ORDER

IN CRL OP(MD) No.173 of 2015 Date :08/01/2015 AA/12.01.2015/2p- 6c/ https://hcservices.ecourts.gov.in/hcservices/