Madras High CourtCRL OP(MD)/3818/2015ordered

P.Raju v. The Inspector Of Polcie

2015-03-03Honourable Mr Justice P. N. Prakash2 pages

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.3818 of 2015 1 P.RAJU 2 R.PALPANDI ... PETITIONERS/ACCUSED 2 & 3 Vs STATE REP BY THE INSPECTOR OF POLCIE NAGAMALAI PUDUKOTTAI POLICE STATION, MADURAI. CR. NO. 282/2013. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S. MAHENDRAPATHY 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 offence punishable under Sections 420 and 506(i) of IPC in Crime No.282 of 2013 on the file of the respondent police, seeks anticipatory bail.

2. This is the second anticipatory bail application filed by the petitioners. Earlier, this Court has granted anticipatory bail to the petitioners in Crl.O.P(MD)No.12258 of 2013 vide order, dated 06.08.2014, on condition that they should surrender before the concerned Court, within fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail will stand dismissed.

3. The learned counsel for the petitioners submits that the petitioners had not complied with the earlier order passed by this Court as the second petitioner was working elsewhere.

4. Accepting the explanation offered by the petitioners, anticipatory bail is granted 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.VI, 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 https://hcservices.ecourts.gov.in/hcservices/

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 report before the respondent police daily at 6.30 p.m., for a period of two weeks and thereafter 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl. Side), whether these petitioner is complying with the order or not.

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 NO.VI,MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLCIE,NAGAMALAI PUDUKOTTAI POLICE STATION, MADURAI.

4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3818 of 2015 Date :04/03/2015 AA/10.03.2015/2p- 5c/ https://hcservices.ecourts.gov.in/hcservices/