Surya v. The Inspector Of Police

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.2707 of 2015 SURYA ... PETITIONER/ACCUSED NO. 4 Vs STATE REP BY THE INSPECTOR OF POLICE CHECKANOORANI POLICE STATION, MADURAI DIST, CRIME NO.1/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.PALANI 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 :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323, 324 and 506(ii) I.P.C. r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.1 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner attacked the defacto complainant and caused injuries.

3. Heard the learned Counsel for the petitioner.

4. The learned Government Advocate (Crl.side) would submit that the injured has already been discharged from the hospital and there is no previous case as against the petitioner.

5. Taking into consideration the nature of allegations as against the petitioner, this Court is inclined to grant Anticipatory Bail to the petitioner.

6. 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.I, Usilampatti 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 https://hcservices.ecourts.gov.in/hcservices/

Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police 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.

[d] On breach of any of the aforesaid conditions, the learned Judicial 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 petitioner released on bail by the learned Judicial 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/- 16/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,USILAMPATTI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE,CHECKANOORANI POLICE STATION, MADURAI 4 THE ADDL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.PALANI Advocate SR.No.7387

ORDER

IN CRL OP(MD) No.2707 of 2015 Date :16/02/2015 AA/18.02.2015/2p- 6c/ https://hcservices.ecourts.gov.in/hcservices/