V.Vijayakumar v. The Inspector Of Police

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.23114 of 2014 V.VIJAYAKUMAR ... PETITIONER / ACCUSED No.2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE CHOLAVANTHAN POLICE STATION, MADURAI DIST, CR.NO.423/2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.SUBASH BABU 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 323 and 506(ii) IPC r/w Section 4 of Tamil Nadu Woman Harassment Act in Crime No.423 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. The case of the prosecution is that the defacto complainant is the sister-in-law of the petitioner and that due to some family dispute, this petitioner and his brother had attacked the defacto complainant.

4. Learned Government Advocate (Crl.Side) submits that the injured has been discharged from hospital and A1 in this case has already been arrested.

5. Under such circumstances, 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 her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vadipatti, 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:

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[a] the petitioner shall report before the respondent police daily at 10.30 a.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].

sd/- 06/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE CHOLAVANTHAN POLICE STATION, MADURAI DISTRICT. +1. CC to M/S.M.SUBASH BABU Advocate SR.No.605. TS/08.01.2015/2P-6C

ORDER

IN CRL OP(MD) No.23114 of 2014 Date :06/01/2015 https://hcservices.ecourts.gov.in/hcservices/