Dhinesh 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.3233 of 2015 1 DHINESH 2 VEERAPRABU 3 PALPANDI 4 PANDI 5 PRABU ... PETITIONERS/ACCUSED 1 to 5 Vs STATE REP BY THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT.
(*)CR. NO. 42/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.ALAGUMANI 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 147, 448, 294 (B), 323, 427 and 506(i) of Indian Penal Code in (*)CR. NO. 42/2015 on the file of the respondent police, seek anticipatory bail.
2. It is represented by the learned Government Advocate (Criminal Side) that this is case and counter and counter case has been registered in Crime No.41 of 2015. It is also stated that in both the cases, the injured have been discharged from the hospital.
3. 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 No.II, Madurai, 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 Vadipatti and sign before the Vadipatti 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 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 https://hcservices.ecourts.gov.in/hcservices/
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, Vadipatti 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/- 24/02/2015 (*Amended as per the order of this Hon'ble court dated:21.05.2015 and made in MP.(MD).No.1 of 2015 in Crl.OP.(MD).No.3233 of 2015) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO to be substituted to the order copy already despatched. 1 THE JUDICIAL MAGISTRATE NO.II,MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE,SILAIMAN POLICE STATION, MADURAI 4 THE INSPECTOR OF POLICE,VADIPATTI POLICE STATION, MADURAI 5 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
Sm:09.06.2015:2P/6C
ORDER
IN CRL OP(MD) No.3233 of 2015 Date :24/02/2015 https://hcservices.ecourts.gov.in/hcservices/