Madras High CourtCRL OP(MD)/22223/2014ordered

Maruthai v. The Inspector Of Police

2015-01-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.22223 of 2014 1 MARUTHAI 2 MUNIYAMMAL ... PETITIONER(S) / ACCUSED 1 & 2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT.

CR. NO. 547/2014. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.MURUGAPPAN Advocate For Respondent : Mr.A.P.Balasurbramani 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 an alleged offence punishable under Sections 323,355 and 506 (ii) of IPC in Crime No.547 of 2014, seek anticipatory bail.

2. The case of the prosecution is that the petitioners herein have attacked the defacto complainant an 26.08.2014 and caused injuries. The case has been registered only on 24.11.2014, pursuant to the direction of this Court passed in Crl.O.P(MD).No.15196 of 2012 dated 16.10.2012.

3. The learned Government Advocate (Crl. Side) submits that there are no previous cases against the petitioners. The Investigating Officer is also present.

4. Considering the facts and circumstances of the case and also considering the fact that there are no previous cases against the petitioners, I am inclined to grant anticipatory bail to the petitioners. 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-II, Kulithalai, Karur District on condition that each of 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:

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[a] the first petitioner shall report before the respondent police daily at 10.30 a.m. and 6.30 p.m for a period of two weeks and thereafter as and when required for interrogation. The second petitioner being lady shall appear before the respondent police 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].

sd/- 06/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE II, KULITHALAI, KARUR DISTRICT. 2 -Do- Through THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT.

+1. CC to M/S.R.MURUGAPPAN Advocate SR.No. 387. TS/08.01.2015/2P-6C

ORDER

IN CRL OP(MD) No.22223 of 2014 Date :06/01/2015 https://hcservices.ecourts.gov.in/hcservices/