Kannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2336 of 2015 1 KANNAN 2 BALAKRISHNAN ..PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs.
STATE REP.BY THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI.
CR. NO. 251 OF 2015.
..RESPONDENT/COMPLAINANT For Petitioner : M/S.V.PALANI Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government 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 294(b), 323 and 506(ii) IPC in Crime No.251 of 2015 on the file of the respondent police, seek anticipatory bail.
2. Initially, the petition was filed showing crime number as not known and, therefore, on 11.02.2015, this Court granted interim anticipatory bail to the petitioners on condition that they shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks.
3. Today, the respondent police is present and a status report has been filed, in which, it is stated that these petitioners appeared before the respondent police in compliance with the orders of this Court and cooperated with the investigation. It is also stated in the status report that a regular case in Crime No.251 of 2015 for offences under Sections 294(b), 323 and 506(ii) IPC was registered on 15.02.2015 against these petitioners.
4. It is also stated by the learned Government Advocate (Criminal side) that the injured has been discharged from the hospital and there are no previous cases against these petitioners.
5. Under such circumstances, since there are no previous cases against these 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 No.VI, Madurai, on condition that the petitioners shall execute 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 https://hcservices.ecourts.gov.in/hcservices/
on further condition that:
[a] the petitioners shall report 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].
6. This Court places on record its appreciation for the manner in which Mr.Murugan, Sub-Inspector of Police has taken up the investigation and filed a fair status report before this Court. sd/- 25/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.
2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL. PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE,ANNA NAGAR POLICE STATION, MADURAI. +1. CC to M/S.P.THAMBIDURAI, Advocate SR.No.8914 ORDER IN CRL OP(MD) No.2336 of 2015 Date :25/02/2015 PBK 26/02/2015 ::2P-6C:
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