Joseph 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.3848 of 2015 1 JOSEPH 2 JOBIN JOSEPH 3 VIJAYAN 4 MALLIKA 5 MOHAMED ... PETITIONER(S) / ACCUSED 1 TO 5 Vs THE STATE REP. BY THE INSPECTOR OF POLICE BOOTHAPANDI POLICE STATION, KANYAKUMARI DISTRICT. CR. NO.52/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.KANNAN Advocate For Respondent : M/S.A.P.BALASUBRAMANI Government 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, 148, 324, 323 and 506(ii)I.P.C. in Crime No. 52 of 2015 on the file of the respondent police, seek anticipatory bail.
2. Heard the learned Counsel for the petitioners and the learned Government Advocate (Crl.Side).
3. The case of the prosecution is that due to some civil dispute, the petitioners attacked the defacto complainant with stick and caused injuries.
4. The learned Government Advocate (Crl.Side) would submit that it is a case and counter and the counter case is in Cr.No.53 of 2015 and the injured was discharged from the hospital. He would further state no previous case is against the petitioners.
5. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant Anticipatory Bail to the petitioners herein.
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6. 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, Boothapandi, 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 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 06.30p.m. for a period of four weeks and thereafter as and when required for interrogation and the second petitioner shall report 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 Judicial 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 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]. (e) The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.Side) whether the petitioners are complying with the order or not. sd/- 04/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, BOOTHAPANDI.
2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE BOOTHAPANDI POLICE STATION, KANYAKUMARI DISTRICT. +1. CC to M/S.V.KANNAN Advocate SR.No.10256. TS/04.03.2015/2P-6C ORDER IN CRL OP(MD) No.3848 of 2015 Date :04/03/2015 https://hcservices.ecourts.gov.in/hcservices/