P. Praveenraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.1856 of 2015 1 P. PRAVEENRAJA 2 P. MARIAPPAN ... PETITIONERS/ACCUSED RANK 1 & 2 Vs THE SUB INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.51/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.THIRUMAL Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 147, 323, 294(b) and 506(i) of IPC in Crime No.51 of 2015, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent. The police is also present.

3. The case of the prosecution is that on account of a wordy quarrel the petitioners had assaulted the complainant.

4. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case.

5. The learned Government Advocate submits that there is no previous case pending against the petitioners.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Tirunelveli, on condition that each of 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 petitioners shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

https://hcservices.ecourts.gov.in/hcservices/

[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].

sd/- 04/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI. 2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3. THE SUB INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.V.THIRUMAL Advocate SR.No. 5152 SR : 06.02.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.1856 of 2015 Date :04/02/2015 https://hcservices.ecourts.gov.in/hcservices/