Ramachandran 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.24344 of 2015 1 RAMACHANDRAN 2 SEENI ... PETITIONERS / ACCUSED Nos.1 &2 Vs State rep.by THE INSPECTOR OF POLICE KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO. 301 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.R.SREENIVASAN 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 147, 148, 341, 342, 294(b), 323, 506(ii) of IPC and Section 3 of PPDL Act, in Crime No.301 of 2015 on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that the de facto complainant along with two others while returning from their job, the accused persons along with other unnamed accused abused and attacked the de-facto complainant and two others and damaged their bike worth Rs.1,000/-. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent. 4.The learned counsel for the petitioners submitted that the petitioners are ready to deposit a sum of Rs.1,000/-(Rupees one thousand only) without prejudice to their rights.

5.Considering the above, 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, Kamuthi, 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 police daily at 10.30 am for a period of two weeks and thereafter, as and when required for the purpose of interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners are directed to deposit a sum of Rs.1,000 (Rupees one thousand only) to the credit of Crime No.301 of 2015 before the learned Judicial Magistrate, Kamuthi, on or before 05.01.2016. [e] On breach of any of the aforesaid conditions, the learned Magistrate 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

6.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. 7.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 JUDICIAL MAGISTRATE, KAMUTHI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S M.R.SREENIVASAN Advocate SR.No.75648 sm:sks-rr:SAR II:22.12.2015:2p/6C

ORDER

IN CRL OP(MD) No.24344 of 2015 Date :21/12/2015 https://hcservices.ecourts.gov.in/hcservices/