Madras High CourtCRL OP(MD)/284/2015ordered

T.A. Adbul Rasheeth v. The Inspector Of Police

2015-01-09Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.284 of 2015 1 T.A. ADBUL RASHEETH 2 A. MAHAMUDHA ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE K.K. NAGAR POLICE STATION, TRICHY CITY, CRIME NO.634 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.ILLANCHEZIAN 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 :- Apprehending arrest at the hands of the respondent police in Crime No.634 of 2014, on the file of the respondent police for offences under Sections 294(b) and 506(i)IPC, the petitioners are now before this Court seeking Anticipatory Bail.

2. It is alleged that the defacto complainant and the petitioners are neighbours and there was dispute among them in respect of construction of a house. The date of occurrence is on 13.02.2014 and he complaint was lodged only on 27.12.2014. It is also seen that a suit in O.S.No.472 of 2013 is pending between the defacto complainant and these petitioners.

3. In such circumstances, I am 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 before the learned Judicial Magistrate No.II, Trichy 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 report before the respondent police twice a day daily at 10.30 a.m. and 6.30p.m. for a period of four weeks and thereafter as and when required for interrogation. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

https://hcservices.ecourts.gov.in/hcservices/ [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/- 09/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II,TRICHY.

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

4.THE INSPECTOR OF POLICE K.K. NAGAR POLICE STATION, TRICHY CITY.

+1. CC to M/S.V.ILLANCHEZIAN Advocate SR.No.1475

ORDER

IN CRL OP(MD) No.284 of 2015 Date :09/01/2015 rg.19.01.2015 2p.6c.

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