Sundar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23124 of 2014 SUNDAR ... PETITIONER / ACCUSED NO.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SULAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR. NO. 248/2014. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.VENKATESAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. 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.248 of 2014, on the file of the respondent police for offences under Sections 147, 148, 294(b), 323 and 506(i) of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory Bail.

2. The petitioner was earlier granted anticipatory bail in Crl.O.P. (MD) No.16866 of 2014 on 09.09.2014 on condition that he should furnish sureties within a period of 15 days from the date of receipt of a copy of the order. The petitioner has not furnished the sureties in compliance of the earlier order and has filed the second anticipatory bail and the petitioner has sworn an affidavit, wherein he has stated that he was not able to produce sureties in the earlier case because, he was physically indisposed. His explanation is accepted and anticipatory bail is granted, but with conditions.

3. 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 District, on 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 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.

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[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/- 28/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I,VIRUDHUNAGAR DISTRICT. 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 SULAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT. +1. CC to M/S.R.VENKATESAN Advocate SR.No.3843

ORDER

IN CRL OP(MD) No.23124 of 2014 Date :28/01/2015 rg.30.01.2015 2p.6c.

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