Madras High CourtCRL OP(MD)/2859/2015ordered

P.Ajmal Khan v. The Inspector Of Police

2015-02-18Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2859 of 2015 P.AJMAL KHAN ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE C.S.C.I.D, UTHAMAPALAYAM, THENI DISTRICT.

CR.NO. 43/2015.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government 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 offence punishable under clause 17 of TNK (RT) Order 1973 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.43 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. It is represented by the learned Government Advocate (Criminal Side) that there is no previous case against this petitioner.

3. Considering the nature of allegations levelled against this petitioner and also the fact that the petitioner has no previous case to his credit, I am inclined to grant anticipatory bail to the petitioner. 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, Uthamapalayam, 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 Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police twice a day daily at 10.30 a.m., in the morning and 06.30 p.m., in the evening, for a period of two weeks and thereafter, 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 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 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].

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[e] The Inspector of Police concerned is directed to send a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioner is complying with the order or not.

sd/- 18/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, THENI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, C.S.C.I.D, UTHAMAPALAYAM, THENI DISTRICT. +1. CC to M/S.T.LENIN KUMAR Advocate SR.No.7581 ORDER IN CRL OP(MD) No.2859 of 2015 Date :18/02/2015 PBK 18/02/2015 ::2P-6C:

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