K.Nallamayan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1744 of 2015 1 K.NALLAMAYAN 2 K.RAVICHANDRAN 3 K.MAYAKANNAN ... PETITIONERS/ACCUSED NOS.1 TO 3 Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE CHECKANOORANI POLICE STATION, MADURAI DISTRICT. CRIME NO.45/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.PERFECT LAW ASSOCIATES 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 :- Apprehending arrest at the hands of the respondent police in Crime No.45 of 2015, on the file of the respondent police for offences under Sections 294(b) and 506(i) of the Indian Penal Code, the petitioners are now before this Court seeking Anticipatory Bail.
2. It is the case of the prosecution that due to civil dispute, the petitioners have intimidated the de-facto complainant and it is seen that based on the directions of this Court, a case has been registered in Crime N.45 of 2015 for the aforesaid offences.
3. It is represented by the learned Government Advocate (crl. Side) that no one sustained injury in this case.
4. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioners, but with conditions.
5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance within a period of 15 days from the date of receipt of this order, before the learned Judicial Magistrate, No.II, Usilampatti, on executing a https://hcservices.ecourts.gov.in/hcservices/
separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety 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 shall report before the respondent police every day 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]. [e] The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl. Side), whether these petitioners are complying with the order or not.
sd/- 03/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE CHECKANOORANI POLICE STATION, MADURAI DISTRICT. +1. CC to M/S.PERFECT LAW ASSOCIATES Advocate SR.No.5327 RL/6 C- 6/2/2015
ORDER
IN CRL OP(MD) No.1744 of 2015 Date :03/02/2015 https://hcservices.ecourts.gov.in/hcservices/