Madras High CourtCRL OP(MD)/5327/2015allowed

Sakthivel v. The Inspector Of Police

2015-03-23Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5327 of 2015 SAKTHIVEL ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE KADALADI POLICE STATION, RAMANATHAPURAM DISTRICT.

CR. NO.26/2015.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.A.UTHAYAKUMAR Advocate For Respondent : Mr.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 Section 294(b), 427, 324 and 307 IPC in Crime No.26 of 2015, seeks anticipatory bail.

2. It is the case of the prosecution that this petitioner had attacked the de-facto complainant, who is the sister-in-law of the petitioner on account of a petty quarrel, with a stick that is normally used in the villages for plucking leaves and fruits.

3. Learned Government Advocate(Crl.side) submits that the injured has been discharged from the hospital and there is no previous case as against the petitioner. Taking into consideration the facts and circumstances of the case, anticipatory bail is granted to the petitioner, but with conditions.

4. Accordingly, the petitioner is 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, Muthukulathoort, 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 Tallakulam Police Station everyday at 10.30 a.m. and 6.30 p.m., 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.

[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 https://hcservices.ecourts.gov.in/hcservices/

himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl.side) as to whether the petitioner is complying with the condition or not. sd/- 23/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MUDHUKULATHOOR, RAMNAD DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMNAD. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, KADALADI POLICE STATION, RAMANATHAPURAM DISTRICT.

5 THE INSPECTOR OFPOLICE, TALLAKULAM POLICE STATION, MADURAI. +1. CC to M/S.A.UTHAYAKUMAR Advocate SR.No.13860 ORDER IN CRL OP(MD) No.5327 of 2015 Date :23/03/2015 PBK 24/03/2015 ::2P-7C:

https://hcservices.ecourts.gov.in/hcservices/