Suresh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.1949 of 2015 1 SURESH 2 JEBARAJ RAJAN ... PETITIONERS/ACCUSED NO.1 & 4 Vs STATE.REP.BY THE INSPECTOR OF POLICE MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.
CR. NO.18/2015. ... 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.18 of 2015, on the file of the respondent police for offences under Sections 294(b), 323 and 506(ii) of the Indian Penal Code, the petitioners are now before this Court seeking Anticipatory Bail.
2. It is the case of the prosecution that totally four accused in this case and A2 and A3 were arrested and released on bail. These petitioners are A1 and A4. It is alleged that these petitioners along with others attacked the de-facto complainant and threatened him. 3.It is represented by the learned Government Advocate (Crl. Side) that there is no previous case as against the petitioners and the injured had been discharged from the hospital. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioners, but with conditions.
4. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, https://hcservices.ecourts.gov.in/hcservices/ 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 petitioners shall report before the respondent police every day twice, at 10.30 a.m. and 6.30 p.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, as to whether these petitioners are complying with the condition or not. sd/- 05/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM,TUTICORIN DISTRICT.
2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE INSPECTOR OF POLICE MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.5409 ORDER IN CRL OP(MD) No.1949 of 2015 Date :05/02/2015 PA/06.02.15/2P/6C https://hcservices.ecourts.gov.in/hcservices/