← Library
Madras High CourtCRL OP(MD)/21733/2015ordered

O. Pitchai v. The Inspector Of Police

2015-11-18Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21733 of 2015 1 O. PITCHAI 2 P. ELAVARASAN 3 O. PAULRAJ ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REP BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, THENI DISTRICT, CR NO NOT KNOWN OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S P.R.PRITHIVIRAJ Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 420 and 506(i) I.P.C. in Unknown Crime Number of 2015 on the file of the respondent police, seeks anticipatory bail.

2. The learned Government Advocate (Crl.Side) would submit that petition enquiry is going on.

3. Heard the learned counsel appearing for the petitioners. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case.

4. Considering the above submissions, anticipatory Bail is granted to the petitioners till the petition enquiry is over and in the event of arrest, the petitioners are directed to be released on bail on their executing a bond for Rs.10,000/- (Rupees Ten Thousand only) without sureties 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, https://hcservices.ecourts.gov.in/hcservices/

(a) the petitioners shall report before the respondent Police as and when required on receipt of summons and co-operate with the enquiry.

[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 conclude the petition enquiry within a period of two months from the date of receipt of a copy of this order. Till such time, there shall not be any harassment by the police.

sd/- 18/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, THENI DISTRICT 2 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S P.R.PRITHIVIRAJ Advocate SR.No.66005

ORDER

IN CRL OP(MD) No.21733 of 2015 Date :18/11/2015 AA/SK-SKN/SAR-II/24.11.2015/2p-4c https://hcservices.ecourts.gov.in/hcservices/