Kulanthaivel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2372 of 2015 1 KULANTHAIVEL 2 VELLI 3 LINGAPANDI 4 TIRU.NAGAMMAL ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI, RAMNAD DISTRICT.
CR. NO. NOT KNWON OF 2015.
... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.SANJAIGANDHI 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 :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 406 and 506(i) IPC, in Crime No."not known" on the file of the respondent police, seek anticipatory bail.
2. When this petition was filed for Anticipatory Bail, Crime Number was not known and therefore, this Court granted interim Anticipatory Bail to the petitioners with a direction to the first petitioner to appear before the respondent police for interrogation till 25.02.2015, which was thereafter, extended till 04.03.2015.
3. Today, the respondent police filed a status report wherein in Paragraph No.3, it is stated as follows:- "3. I respectfully submit that, after that I received the complaint the case was registered in Crime No.3 of 2015 and alleged offence under Sections 498(A), 323, 506(ii) IPC and 4 of DP Act. The petitioners herein filed this Anticipatory Bail Petition. On 06.03.2015, this Hon'ble Court granted Interim Anticipatory Bail to the petitioners with the condition that the first petitioner should appear before the investigation officer till 04.03.2015. The petitioners appeared before me from 19.02.2015 to 03.03.2015. Both the de facto complainant and the accused not come forward to settle the matter amicably. So the investigation is pending."
4. In view of the fact the petitioners are co-operating with the investigation and the de facto complainant is not coming forward for investigation, this Court is inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/
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.I, Ramnad, on condition that the petitioners 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 petitioners shall report before the respondent 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/- 06/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.I,RAMNAD.
2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMNAD. 3.THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI, RAMNAD DISTRICT.
ORDER
IN CRL OP(MD) No.2372 of 2015 Date :06/03/2015 rg.12.03.2015 2p.5c.
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