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Madras High CourtCRL OP(MD)/2654/2015ordered

Gurusamy v. The Inspector Of Police

2015-02-16Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2654 of 2015 1 GURUSAMY 2 VEERAPATHIRASAMY ... PETITIONERS / ACCUSED NO.1 AND 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE WEST POLICE STATION, KOVILPATTI, TUTICORIN DISTRICT, IN CR.NO.100 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.KARUPPASAMY PANDIAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.100 of 2015, on the file of the respondent police for offences under Sections 448, 294(b), 323, 506(i) IPC, the petitioners are now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate for the respondents.

3. It is represented that the injured had been discharged from the hospital and there is no previous case as against the petitioners. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioners, but with conditions.

4. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, No.II, Kovilpatti, on executing 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 on further condition that, (a) the petitioners shall stay at Sattur and report before the Sattur Town Police Station every day 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 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 https://hcservices.ecourts.gov.in/hcservices/

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].

[e] The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioners are complying with the condition or not. sd/- 16/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRAT NO.II,KOVILPATTI.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE TUTICORIN. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MARAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE WEST POLICE STATION, KOVILPATTI, TUTICORIN DISTRICT. 5.THE OFFICER INCHARGE, SATTUR TOWN POLICE STATION, SATTUR.

+1. CC to M/S.KARUPPASAMY PANDIAN Advocate SR.No.7106

ORDER

IN CRL OP(MD) No.2654 of 2015 Date :16/02/2015 RG.17.02.2015 2P.7C.

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