Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.2186 of 2015 1 BALAMURUGAN 2 AKINIRAJ ... PETITIONERS/ACCUSED No.1 & 2 Vs STATE.REP.BY THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DT (CR.NO.971 OF 2014) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.V. ARUN Advocate For Respondent : MR.P.KANNITHEVAN, 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, 427 and 506(i) of Indian Penal Code in Crime No.971 of 2014 on the file of the respondent police, seek anticipatory bail.

2. Based on the direction of this Court in Crl.O.P.(MD)No.23308 of 2014, this case has been registered. It is the case of the defacto complainant that when she was attempted to put fence around her land, these petitioners had intimidated her.

3. On a reading of the complaint, it is seen that the allegations are not very serious. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioners.

4. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- https://hcservices.ecourts.gov.in/hcservices/ (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 petitioners shall report before the respondent police twice a day daily at 10:30 a.m., in the morning and 06:30 p.m., in the evening for a period of two weeks and thereafter, as and when required for interrogation.

[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 send a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioners are complying with the order or not.

sd/- 13/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE,MELUR POLICE STATION,MADURAI DT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.V. ARUN Advocate SR.No.7355 ORDER IN CRL OP(MD) No.2186 of 2015 Date :13/02/2015 PA/17.02.15/2P/6C https://hcservices.ecourts.gov.in/hcservices/