Madras High CourtCRL OP(MD)/23275/2014ordered

D.John Kennedy v. The Inspector Of Police

2015-01-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23275 of 2014 D.JOHN KENNEDY ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI.

CRIME NO.1657 OF 2014 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SHEIK ABDULLAH 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i) IPC in Crime No.1657 of 2014, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had threatened the defacto complainant and demanded Rs.1,00,000/- from him.

3. The learned Government Advocate (Crl. Side) submits that no one injured in this case and there is no previous case pending against the petitioner. The Investigating Officer is also present.

4. Considering the facts and circumstances of the case and also considering the fact that no one injured in this case and there is no previous case pending against the petitioner, 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 his 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 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: [a] the petitioner shall stay at Tirunelveli and report at Tirunelveli Town Police Station 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.

[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.

https://hcservices.ecourts.gov.in/hcservices/ [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 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/- 08/01/2015 / 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. 5 THE INSPECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI. ORDER IN CRL OP(MD) No.23275 of 2014 Date :08/01/2015 PBK 13/01/2015 ::2P-6C:

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