G.Mathavan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3176 of 2015 1 G.MATHAVAN 2 THANGASELVAN 3 MALLIGA ... PETITIONER(S) / ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE LALGUDI POLICE STATION, LALGUDI, TRICHY DISTRICT.CR. NO. 82 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.THIRUVADI KUMAR Advocate For Respondent : M/S.A.P.BALASUBRAMANI Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Initially, this petition was filed showing the Crime number as not known. Therefore, this Court granted interim anticipatory bail to the petitioners on 23.02.2015 with a direction to the petitioners 1 and 2 to report before the respondent police at 6.30 p.m.

2. Today, the learned Government Advocate (Crl.side) represented that a regular case in Crime No.82 of 2015 has been registered by the respondent police for offences under Sections 294(b), 323 and 324 of I.P.C. He further stated that the injured has been discharged from the hospital and no previous case against the petitioner and that the petitioners and the de-facto complainant are relatives.

3. Considering the facts and circumstances of the case, this Court is 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, Lalgudi, on their executing 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 petitioners shall report before the respondent police as and when required for interrogation.

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[b] the petitioners shall give their thumb impressions, specimen signatures and handwritings.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] 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/- 09/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, LALGUDI.

2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE LALGUDI POLICE STATION, LALGUDI, TRICHY DISTRICT. +1. CC to M/S.A.THIRUVADI KUMAR Advocate SR.No.11111. TS/10.03.2015/2P-6C

ORDER

IN CRL OP(MD) No.3176 of 2015 Date :09/03/2015 https://hcservices.ecourts.gov.in/hcservices/