Srijith v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.3228 of 2015 1 SRIJITH 2 SREEJA 3 THANISLAS 4 SRIMATHI ... PETITIONERS / ACCUSED NOS.1 TO 4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ARUMANAI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.74/2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.74 of 2015, on the file of the respondent police for offences under Sections 294(b), 307, 447 and 506(ii) of the Indian Penal Code, the petitioners are now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate for the State.

3. This is a case and counter. It is represented that the accused in counter case Crime No.75 of 2015 have already been enlarged on anticipatory bail by the Principal District and Sessions Judge, Kanyakumari District, in Crl.M.P.No.510 of 2015 vide order dated 23.02.2015. It is also represented that there is no previous case as against the petitioners.

4. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners, but with conditions.

5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this https://hcservices.ecourts.gov.in/hcservices/

order, before the learned Judicial Magistrate No.I, Kuzhithurai, on executing 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 1 and 3 shall stay at Radhapuram and report before the Radhapuram Police Station, everyday twice, i.e. 10.30 a.m. and 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation. The petitioners 2 and 4, being ladies, shall report before the respondent police as and when required for interrogation.

[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/- 24/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE No.I, KUZHITHURAI, KANYAKUMARI DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI @ NAGERCOIL. 3 THE INSPECTOR OF POLICE, ARUMANAI POLICE STATION, KANYAKUMARI DISTRICT.

4 THE OFFICER IN-CHARGE, RADHAPURAM POLICE STATION, RADHAPURAM. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.THALAIMUTHARASU, Advocate SR.No.8403. ORDER IN CRL OP(MD) No.3228 of 2015 Date :24/02/2015 msm 25.02.2015 p2/7c https://hcservices.ecourts.gov.in/hcservices/