Bose v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of March Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.4333 of 2015 1 BOSE 2 THIRUNAVUKARASU ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE AAVIYOOR POLICE STATION, KARUYAPATTI TALUK, VIRDHUNAGAR DISTRICT.

(CRIME NO. 40 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.UDHAYAKUMAR 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 :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 447 and 506(ii) of Indian Penal Code, in Crime No.40 of 2015, on the file of the respondent police, seek anticipatory bail.

2. This case has been registered, pursuant to the directions issued by this Court in Crl.O.P.(MD)No.1084 of 2015.

3. It is seen that the alleged occurrence took place on 08.01.2015, for which, the complaint was given only on 19.02.2015. No one is injured in the alleged occurrence.

4. It is alleged by the defacto complainant that A-1 and A-2 trespassed into the land of the defacto complainant and pushed him.

5. Since the allegations are not very serious in nature, I am inclined to grant anticipatory bail 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, Aruppukottai, Virudhunagar District, 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 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 petitioners 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 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].

sd/- 10/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE AAVIYOOR POLICE STATION, KARUYAPATTI TALUK, VIRDHUNAGAR DISTRICT.

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

+1. CC to M/S.R.UDHAYAKUMAR Advocate SR.No. 11512 SR : 12.03.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.4333 of 2015 Date :10/03/2015 https://hcservices.ecourts.gov.in/hcservices/