Balamurali @ Ovaiyan 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.3900 of 2015 BALAMURALI @ OVAIYAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI.

CR. NO.133/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.SUTHASATYANANTH 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.133 of 2015, on the file of the respondent police for offences under Sections 147, 341, 324, 506(i) and 379(NP) of the Indian Penal Code, the petitioner is now before this Court seeking Anticipatory Bail.

2. It is the case of the prosecution that the defacto complainant and A-1 and other accused in this case, have quarrelled in TASMAC Shop while they were consuming liquor.

3. It is represented by the learned Government Advocate (Crl.Side) that the defacto complainant, who was injured in this case has been discharged from the hospital and the police have arrested A-1, A-2 and A-3. In the confession of the arrested accused, the name of the petitioner surfaces and there is no previous antecedents against the petitioner.

4. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. 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 No.II, Madurai, on executing 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 petitioner 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.

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[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 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].

[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/- 05/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI.

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

+1. CC to M/S.B.SUTHASATYANANTH Advocate SR.No.10544 Sm:09.03.2015:2P/6C:

ORDER

IN CRL OP(MD) No.3900 of 2015 Date :05/03/2015 https://hcservices.ecourts.gov.in/hcservices/