Poomani v. The Inspector Of Police

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.2931 of 2015 1 POOMANI 2 ARUNA 3 KANNAN ... PETITIONERS/ACCUSED NO.1 TO 3 Vs THE STATE REP BY THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, THOOTHUKUDI DT, CRIME NO.68/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.PON KARTHIKEYAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, 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 offences punishable under Sections 294(b), 427 and 506(ii) of Indian Penal Code in Crime No.68 of 2015 on the file of the respondent police, seek anticipatory bail.

2. It is stated that on account of wordy quarrel, the alleged occurrence has taken place and the defacto complainant is none other than the brother of the first petitioner herein.

3. The learned Government Advocate (Criminal side) would submit that there is no previous case against these petitioners.

4. Under such circumstances, 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, Sathankulam, on condition that the petitioners shall execute 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:

https://hcservices.ecourts.gov.in/hcservices/

[a] the petitioners shall report before the respondent police 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 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/- 18/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, THOOTHUKUDI DT, 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.PON KARTHIKEYAN Advocate SR.No.7635

ORDER

IN CRL OP(MD) No.2931 of 2015 Date :18/02/2015 NA/19/02/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/