R. Sivasubramanian v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4585 of 2015 R. SIVASUBRAMANIAN ... PETITIONER/ ACCUSED No.1 Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE THENNILAI POLICE STATION, ARAVAKURICHI TALUK, KARUR DISTRICT, CRIME NO.33/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.SITHARANJANDAS Advocate For Respondent : M/S.A.P.BALASUBRAMANI Government 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 offence punishable under Sections 451, 294(b), 353 and 506(i) IPC, in Crime No.33 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that this petitioner, who is the former Panchayat President, had prevented a Wireman of the Electricity Department from performing his duty, by slapping him. The said incident took place, on 05.03.2015 and the Wireman reported the matter to the Junior Engineer concerned and thereafter, a complaint was lodged on 07.03.2015. It is represented that the co-accused, in this case, have been granted Anticipatory Bail and there is no previous case against the petitioner.

3. Taking into consideration of the above, 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, II, Karur, 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 stay at Madurai and report before the Curator, Gandhi Ashramam, Madurai, daily at 10:30 in the morning and takes part in the activities of the ashram for a period of two weeks. and thereafter as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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].

Registry is directed to mark a copy of this order to the Curator, Gandhi Ashramam, Madurai, who is directed to send a report to this Court whether the petitioner is complying with the condition or not. sd/- 12/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, KARUR.

2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUB INSPECTOR OF POLICE THENNILAI POLICE STATION, ARAVAKURICHI TALUK,KARUR DISTRICT. 5 THE OFFICER INCHARGE, THE CURATOR, GANDHI ASHRAMAM, MADURAI, +1. CC to M/S.V.SITHARANJANDAS Advocate SR.No. 1195. TS/13.03.2015/2P-7C

ORDER

IN CRL OP(MD) No.4585 of 2015 Date :12/03/2015 https://hcservices.ecourts.gov.in/hcservices/