M. Vallivel 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.20461 of 2015 1 M. VALLIVEL 2 PONMANI ... PETITIONERS/ACCUSED 1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, THIRUNELVELI DISTRICT.

(IN CRIME NO. 159 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioners : M/S S.MALAIKANI 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.159 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.The case of the prosecution is that due to a wordy quarrel between the petitioners and the de facto complainant, the petitioners scolded the de facto complainant and threatened with dire consequences.

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, Valliyoor, 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 first petitioner 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 second petitioner shall appear before the respondent/Police as and when required for interrogation;

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[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 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 TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI.

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

4 THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, THIRUNELVELI DISTRICT.

+1. CC to M/S S.MALAIKANI Advocate SR.No.62252 akm/20.10.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.20461 of 2015 Date :20/10/2015 https://hcservices.ecourts.gov.in/hcservices/