Mahendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of December Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE S.VAIDYANATHAN CRL OP(MD) No.24278 of 2015 1 MAHENDRAN 2 MANGAYARKARASI 3 SHANMUGAM 4 LAKSHMI ... PETITIONERS/ ACCUSED NO.1,2,5 & 6 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT CRIME NO.7 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S R.SIVASUBRAMANIAN Advocate For Respondent : MR.K.ANBARASAN 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 294(b), 352, 494 and 506(ii) of IPC, in Crime No.7 of 2015, on the file of the respondent police, seek anticipatory bail.

2.The learned counsel for the petitioners submitted that the first petitioner is the husband of the defacto complainant and other petitioners are in-laws. He further submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

3.Heard the learned Government Advocate (Crl.side) appearing for the respondents.

4. Considering the nature of offence, 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, Kumbakonam, 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:

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[a] the first 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 and the other petitioners shall report before the respondent police as and when required.

[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]. 5.The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioners are complying with the order or not.

6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 21/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE,ALL WOMEN POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT 2 THE JUDICIAL MAGISTRATE,KUMBAKONAM 3 THE CHIEF JUDICIAL MAGISTRATE,THANJORE DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.SIVASUBRAMANIAN Advocate SR.No.75701

ORDER

IN CRL OP(MD) No.24278 of 2015 Date :21/12/2015 GJM/AAL/MPA/SARI-22.12.2015-2P-6C https://hcservices.ecourts.gov.in/hcservices/