Easwaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5011 of 2015 1 EASWARAN 2 KUTTI EASWARAN ... PETITIONERS/ACCUSED NO.1 & 2 Vs THE STATE REP BY THE INSPECTOR OF POLICE CUMBUM SOUTH POLICE STATION, THENI DT, CRIME NO.72/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.SARAVANAN 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 :- Apprehending arrest at the hands of the respondent police in Crime No.72 of 2015 on the file of the respondent police for offences under Sections 294(b), 452, 324 and 307 of I.P.C., the petitioners are now before this Court seeking Anticipatory Bail.
2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side).
3. The case of the prosecution is that the de-facto complainant's husband had borrowed money from Poonkodi, the mother of the petitioners. In that regard, the de-facto complainant's husband had assaulted Poonkodi. In respect of which, a case has been registered against the de-facto complainant. These petitioners are the sons of Poonkodi and it is alleged that they attacked the defacto complainant in retaliation, since their mother was attacked.
4. The learned Government Advocate (Crl.side) submitted that Poonkodi has been arrested and the injured has been discharged from the hospital and there is no previous case against the petitioners.
5. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail, in the event of their 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, Uthamapalayam on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a https://hcservices.ecourts.gov.in/hcservices/
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 petitioners shall report before the respondent police daily at 10.30 a.m. and 6.30 p.m. for a period of four weeks and thereafter, as and when required for interrogation. [b] the petitioners shall give their thumb impressions, specimen signatures and handwritings.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[e] 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. sd/- 19/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE CUMBUM SOUTH POLICE STATION, THENI DT, 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.D.SARAVANAN Advocate SR.No.13177
ORDER
IN CRL OP(MD) No.5011 of 2015 Date :19/03/2015 NA/23/03/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/