Kamaraj 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.4282 of 2015 1 KAMARAJ 2 SENTHILKUMAR ... PETITIONERS/ACCUSED 1 & 2 Vs THE INSPECTOR OF POLICE MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

(IN CRIME NO. 38 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.THIYAGARAJAN 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.38 of 2015 on the file of the respondent police for offences under Sections 341, 294(b) and 506(ii) of I.P.C the petitioners are now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioners.

3. It appears that the de-facto complainant is a nephew of the first petitioner and there is a civil dispute pending between them.

4. The learned Government Advocate (Crl.side) submitted that the injured has been discharged from the hospital and there is no previous case against the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail, in the event of their 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, Sathankulam on their 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 petitioners shall stay at Chennai and report before the K.K.Nagar Police Station daily at 10.30 a.m. 5.30 p.m. up to 25.03.2015 and thereafter as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/ [b] the petitioners shall give their thumb impressions, specimen signatures and handwritings.

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

[d] the petitioners 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 petitioners 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 petitioners is complying with the order or not. sd/- 09/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE, SATHANKULAM.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.

3. THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, CHENNAI.

4. THE INSPECTOR OF POLICE MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.A.THIYAGARAJAN Advocate SR.No. 11598 SR : 12.03.2015 : 2P/7C

ORDER

IN CRL OP(MD) No.4282 of 2015 Date :09/03/2015 https://hcservices.ecourts.gov.in/hcservices/