Madras High CourtCRL OP(MD)/20503/2015ordered

Manikandan v. The Inspector Of Police

2015-10-20Honourable Mr Justice P. N. Prakash2 pages

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.20503 of 2015 MANIKANDAN ..PETITIONER/ACCUSED No.2 Vs STATE REP.BY THE INSPECTOR OF POLICE MALLANKINARU POLICE STATION, VIRUDHUNAGAR DIST.

CR.NO.184/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S P.MAHENDRAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, 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.184 of 2015 on the file of the respondent police for offences under Sections 294(b), 323, 324 and 506(i) of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory Bail. 2.Heard the learned counsel for the petitioner. 3.The learned Government Advocate (Criminal Side) submits that the injured has already been discharged from the hospital. 4.

Considering the facts and circumstances of the case and also the fact that the injured has already been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner, but with conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Virudhunagar, on his 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 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.

[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 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].

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[e] The Inspector of Police concerned shall send compliance report to the learned Additional Public Prosecutor as to whether the petitioner is complying with the order or not.

sd/- 20/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, MALLANKINARU POLICE STATION, VIRUDHUNAGAR DIST.

+1. CC to M/S P.MAHENDRAN Advocate SR.No.62235 ORDER IN CRL OP(MD) No.20503 of 2015 Date :20/10/2015 PBK/NGM-SS/SAR-II 20/10/2015 ::2P-6C::

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