Manikandan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.3365 of 2015 1 MANIKANDAN 2 M.MANIKUMAR ... PETITIONERS/ACCUSED No.1 & 2 Vs STATE.REP.BY THE INSPECTOR OF POLICE PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT, CR.NO.71/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.DHANA GOPAL Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, 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 an alleged offence punishable under Sections 341, 294(b), 334, 506(ii) IPC and altered into Section 307 IPC in Crime No. 71 of 2015 seek anticipatory bail.
2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent. The investigating Officer is also present.
3. It is alleged that the petitioners had wordy quarrel with the defacto complainant and had attacked him with wooden log.
4. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case.
5. The learned Government Advocate (Crl. Side) submits that the injured has been discharged from the hospital and there is no previous case against the petitioners.
6. Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, 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, Nilakottai, on condition that each of 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 https://hcservices.ecourts.gov.in/hcservices/
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 Madurai and report before Tallakulam Police Station daily twice at 10.30 a.m. and 6.30 p.m for a period of two weeks and thereafter appear before the respondent police as and when required 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].The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate (Crl.side) as to whether the petitioners are complying with the order or not. sd/- 25/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO THE JUDICIAL MAGISTRATE,NILAKKOTTAI.
DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL. THE INSPECTOR OF POLICE PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT. THE STATION INCHARGE, TALLAKULAM POLICE STATION,MADURAI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.DHANA GOPAL Advocate SR.No.9050
ORDER
IN CRL OP(MD) No.3365 of 2015 Date :25/02/2015 PA/26.02.15/2P/7C https://hcservices.ecourts.gov.in/hcservices/