Sathish 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.2933 of 2015 SATHISH ... PETITIONER/ ACCUSED No.2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DT, CRIME NO.249/2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.R.ANBARASU 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 offences punishable under Sections 294(b), 323 and 506(ii) of Indian Penal Code in Crime No.249 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that on account of wordy quarrel, the petitioner herein has attacked the defacto complainant with stick.

3. Considering the nature of allegations levelled against the petitioner, 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, Tiruchendur, 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 reside at Thisaiyanvilai and report before the Thisaiyanvilai Police Station daily at 06.30 p.m., for a period of two weeks and thereafter, as and when required by the respondent police 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.

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[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].

[e] The Inspector of Police, Thisaiyanvilai Police Station 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, TIRUCHENDUR.

2 Do Through THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT. 5 THE INSPECTOR OF POLICE, THISAIYANVILAI POLICE STATION, THOOTHUKUDI DISTRICT.

+1. CC to M/S.S.R.ANBARASU Advocate SR.No.8035 TS/23.02.2015/2P-7C

ORDER

IN CRL OP(MD) No.2933 of 2015 Date :18/02/2015 https://hcservices.ecourts.gov.in/hcservices/