M.Kamaladasan 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.20495 of 2015 M.KAMALADASAN .. PETITIONER / ACCUSED (RANK NOT KNOWN) Vs STATE REPRESNENTED THROUGH THE INSPECTOR OF POLICE (L&O) A4 THILAGAR THIDAL POLICE STATION, MADURAI DISTRICT CRIME NO. 782 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S J.VIJAYARAJA Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 5 and 7 of Lottery Regulation Act and 420 of Indian Penal Code in Crime No.782 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. It is represented by the learned Government Advocate (Criminal Side) that Accused Nos.1 and 2 were already arrested and enlarged on bail.

3. Considering the facts and circumstances of the case and also considering the fact that the co-accused have already been released on bail, I am inclined to grant anticipatory bail to the petitioner. 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, Madurai, on condition that 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 petitioner shall appear before the respondent police daily at 06:30 p.m., for a period of two 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 https://hcservices.ecourts.gov.in/hcservices/

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 a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioner is 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.II, MADURAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3.THE INSPECTOR OF POLICE,(L&O) A4 THILAGAR THIDAL POLICE STATION, MADURAI DIST.

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

+1. CC to M/S J.VIJAYARAJA Advocate SR.No.62225

ORDER

IN CRL OP(MD) No.20495 of 2015 Date :20/10/2015 GJM/SARII-20.10.15-2P-6c https://hcservices.ecourts.gov.in/hcservices/