Manickam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.3380 of 2015 1 MANICKAM 2 RAJESH 3 MUTHULINGAM 4 SEKAR 5 DURAI ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE PERAVOORANI POLICE STATION, THANJAVUR DISTRICT.
CR. NO. 47 OF 2015.
... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.GANAPATHI SUBRAMANIAN 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 :- Apprehending arrest at the hands of the respondent police in Crime No.47 of 2015, on the file of the respondent police for offences under Sections 147, 148, 294(b), 323 and 506(ii) IPC, 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 respondent.
3.It is seen that these petitioners had attacked the de-facto complainant on 22.02.2015 near his house and had caused serious injuries to him.
4.It is represented that the injured had been discharged from the hospital.
5.The learned counsel for the petitioner is withdrawing this petition as regards Rajesh/2nd petitioner. He has also made an endorsement to that effect. In view of the same, this petition is dismissed as withdrawn insofar as the 2nd petitioner. As regards the other petitioners, since the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 1,3 to 5, but with conditions.
6. Accordingly, the petitioners 1, 3 to 5 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 order, before the learned Judicial Magistrate, Pattukottai, 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 https://hcservices.ecourts.gov.in/hcservices/
satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioners 1,3 to 5 shall stay at Pudukottai and erport before the Pudukottai Town Police Station at 1030 a.m. and 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation.
[b] the petitioners 1, 3 to 5 shall not tamper with evidence or witness either during investigation or trial. [c] the petitioners 1, 3 to 5 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 1, 3 to 5 in accordance with law as if the conditions have been imposed and the petitioners 1, 3 to 5 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/- 05/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,PATTUKOTTAI,THANJAVUR DISTRICT. 2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE PERAVOORANI POLICE STATION, THANJAVUR DISTRICT. 4 THE OFFICER INCHARGE, PUDUKKOTTAI TOWN POLICE STATION,PUDUKOTTAI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.10593
ORDER
IN CRL OP(MD) No.3380 of 2015 Date :05/03/2015 PA/09.03.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/