Sahul Hammed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4241 of 2015 SAHUL HAMMED ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE KATTUPUTHUR POLICE STATION, KATTUPUTHUR,TRICHY DISTRICT.

(CRIME NO.82 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.JOEL PAUL ANTONY 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 :- Apprehending arrest at the hands of the respondent police in Crime No.82 of 2015 on the file of the respondent police for offences under Sections 294(b), 323 and 506(i) of I.P.C. the petitioner is now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioner.

3. The learned Government Advocate (Crl.side) submitted that the complainant and the accused are friends and there is no previous case pending against the petitioner. He further submitted that the injured has been discharged from the hospital and the occurrence had taken place in the TASMAC shop, when both of them were drunk.

4. Considering the facts and circumstances of the case, this Court is 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, Musiri, Trichy District 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, https://hcservices.ecourts.gov.in/hcservices/

(a) the petitioner shall report before the respondent police daily at (*)5.30 p.m. for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioner shall give their thumb impression, specimen signatures and handwritings.

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

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

[e] 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]. [f] The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.side), whether the petitioner is complying with the order or not.

sd/- 09/03/2015 / TRUE COPY / (*)Amended as per order dated 25.03.2015 and made in Crl.OP(MD)No.4241/2015 and time for furnishing sureties is extended for a period of two weeks from the date of receipt of amended copy of the order. Rest of the contritions shall remain the same.

Sub-Assistant Registrar (C.S.) TO (*)To be substituted order already despatched. 1 THE JUDICIAL MAGISTRATE,MUSIRI, TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE,TRICHY 3 THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, KATTUPUTHUR,TRICHY DISTRICT.

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

+1. CC to M/S.A.JOEL PAUL ANTONY Advocate SR.No.11658

ORDER

IN CRL OP(MD) No.4241 of 2015 Date :09/03/2015 AA/12.03.2015/2p- 6c/ PBK 26/03/2015 ::2P-6C:

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