P. Sundarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.20447 of 2015 1 P. SUNDARAJAN 2 S. MANIKANDAN 3 S. JEYAKUMAR 4 S. AMARAVATHY ... PETITIONERS/ACCUSED NOS.1 TO 4 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE KEELATHURAI POLICE STATION, MADURAI DISTRICT.

(IN CRIME NO.683 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S G.KARUPPASAMY PANDIAN Advocate For Respondent : M/S.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.683 of 2015 on the file of the respondent police for offences under Sections 447, 427, 294(b) and 506(i) of the Indian Penal Code and Section 3(1) of TNPPDL Act, the petitioners are now before this Court seeking Anticipatory Bail.

3.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side).

4.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, but with conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.IV, Madurai, on their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 deposit a sum of Rs.5,000/- to the credit of the Crime No.683 of 2015 on the file of the learned https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate No.IV, Madurai, forthwith and on such deposit, without prejudice to the case of the accused as well as the de facto complainant, the court shall disburse the amount as ex gratia compensation to the de facto complainant;

[b] the petitioners 1 to 3 shall report before the respondent/Police every day at 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation and the 4th petitioner shall appear before the respondent/Police as and when required for interrogation;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] 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 shall send compliance report to the learned Additional Public Prosecutor as to whether the petitioners are complying with the order or not. sd/- 20/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.IV, MADURAI 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 KEELATHURAI POLICE STATION, MADURAI DISTRICT.

+1. CC to M/S G.KARUPPASAMY PANDIAN Advocate SR.No.62237 RL/6 C- 20/10/2015

ORDER

IN CRL OP(MD) No.20447 of 2015 Date :20/10/2015 https://hcservices.ecourts.gov.in/hcservices/