Arun Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.18442 of 2014 ARUN KUMAR ... PETITIONER/ SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DT. CR.NO.17 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.MARIMUTHU Advocate For Respondent : M/S.A.P.BALASUBRAMANI Government 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.17 of 2014, on the file of the respondent police for offences under Sections 417 AND 376 IPC, the petitioner is now before this Court seeking Anticipatory Bail.
2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.Initially, the matter was referred to the Mediation and Conciliation Centre and a report dated 05.03.2015 has been received enclosing the settlement agreement that has been entered into between the petitioner and the de-facto complainant. The terms of which are as follows: "The following settlement has been arrived at between the parties hereto:
1.Both the parties are agreed to settle the matter amicably. 2.They agreed to settle the matter by a mutual terms without coercion endure influence or misrepresentation."
The settlement agreement is recorded.
4. In view of the above, this Court is of the view that this is a fit case to grant anticipatory bail, but with conditions.
5. 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, No.II, Virudhunagar, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for https://hcservices.ecourts.gov.in/hcservices/
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 everyday at 10.30 a.m. for a period of four 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 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) as to whether the petitioner is complying with the condition or not. sd/- 18/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, VIRUDHUNAGAR. 2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.
3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, VIRUDHUNAGAR,VIRUDHUNAGAR DISTRICT. +1. CC to M/S.G.MARIMUTHU Advocate SR.No. 12876. TS/20.03.2015/2P-6C
ORDER
IN CRL OP(MD) No.18442 of 2014 Date :18/03/2015 https://hcservices.ecourts.gov.in/hcservices/