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Madras High CourtCRL OP(MD)/4854/2015allowed

Suresh v. The Inspector Of Police

2015-03-18Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4854 of 2015 SURESH ... PETITIONER/ACCUSED NO.4 Vs THE STATE REP BY THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMNAD DISTRICT.

(CRIME NO. 129 OF 2014) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.VISHNURAM 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 offence punishable under Sections 147, 294(b), 324 and 506(ii) of I.P.C in Crime No.129 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the State.

3. The learned Government Advocate(Crl. Side) on instructions would submit that the investigation has been completed and final report has been filed before the learned Magistrate concerned.

4. Under such circumstances, anticipatory bail is granted to the petitioner with certain conditions.

5. Considering the facts and circumstances of the case, 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, Paramakudi, Ramnad 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:

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[a] the petitioner shall report before the respondent police as and when required for interrogation.

[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]. sd/- 18/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMNAD DISTRICT 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE RAMNAD DISTRICT 3 THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMNAD DISTRICT.

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

+1. CC to M/S.G.VISHNURAM Advocate SR.No.13435

ORDER

IN CRL OP(MD) No.4854 of 2015 Date :18/03/2015 NA/20/03/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/