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Madras High CourtCRL OP(MD)/4381/2015ordered

Antony Raj v. The Inspector Of Police

2015-03-10Honourable Mr Justice P. N. Prakash2 pages

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.4381 of 2015 ANTONY RAJ ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE Y-OTHAKADAI POLICE STATION, MADURAI-07, CRIME NO.444/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.SENTHIL SANKARANATHAKUMAR 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 :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b) and 506(ii) of Indian Penal Code in Crime No.444 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. It is represented by the learned Government Advocate (Criminal Side) that no one sustained injury in the alleged occurrence and there is no previous case against this petitioner.

3. Considering the facts and circumstances of the case and also considering the fact that no one sustained injury in the alleged occurrence and there is no previous case against this petitioner, 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, Melur, Madurai District, on condition that 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 petitioner shall report before the respondent police daily at 05.30 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 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]. [e] The Inspector of Police concerned is directed to send a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioner is complying with the order or not.

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,MELUR, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE,Y-OTHAKADAI POLICE STATION, MADURAI-07, 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.SENTHIL SANKARANATHAKUMAR Advocate SR.No.11402

ORDER

IN CRL OP(MD) No.4381 of 2015 Date :10/03/2015 AA/12.03.2015/2p- 6c/ https://hcservices.ecourts.gov.in/hcservices/