Sakthivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.3577 of 2015 SAKTHIVEL ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE PERIYAKULAM POLICE STATION, THENI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.APPADURAI 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i)I.P.C. in Crime No.82 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate(Crl.Side).

3. It is represented that the petitioner and the defacto complainant are close relatives and there was a wordy quarrel between them.

4. The learned Government Advocate(Crl.Side) would submit that the injured has been discharged from the hospital and there is no previous case as against the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, this Court is inclined to grant Anticipatory Bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Periyakulam on condition that 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 petitioner shall report before the respondent police as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Judicial 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/- 04/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE INSPECTOR OF POLICE PERIYAKULAM POLICE STATION, THENI DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.APPADURAI Advocate SR.No.10325

ORDER

IN CRL OP(MD) No.3577 of 2015 Date :04/03/2015 PA/05.03.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/