Murugan 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.2938 of 2015 1 MURUGAN 2 MAHESH ... PETITIONERS/ACCUSED NO.2 & 3 Vs THE STATE REP BY THE INSPECTOR OF POLICE PANAGUDI POLICE STATION, TIRUNELVELI DT, CRIME NO.57/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.ANAND 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), 323, 324 and 506(ii) of Indian Penal Code in Crime No.57 of 2015 on the file of the respondent police, seek anticipatory bail.

2. It is represented by the learned Government Advocate (Criminal Side) that the injured has been discharged from the hospital and there is no previous case against these petitioners.

3. Considering the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital and the petitioners have no previous antecedent, 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, Valliyoor, Tirunelveli District, 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:

[a] the petitioners shall stay at Radhapuram and report before the Radhapuram Police Station twice a day daily at 10.30 a.m., in the morning and 06.30 p.m., in the evening for a period https://hcservices.ecourts.gov.in/hcservices/

of two weeks and thereafter, as and when required by the respondent police 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]. [e] The Inspector of Police, Radhapuram Police Station is directed to send a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioners are complying with the order or not.

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, VALLIYOOR, TIRUNELVELI DISTRICT 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE PANAGUDI POLICE STATION, TIRUNELVELI DT, 4 THE INSPECTOR OF POLICE, RADHAPURAM POLICE STATION, RADHAPURAM 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ANAND Advocate SR.No.7556

ORDER

IN CRL OP(MD) No.2938 of 2015 Date :18/02/2015 NA/19/02/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/