Madras High CourtCRL OP(MD)/5015/2015allowed

Rajesh v. The Inspector Of Police

2015-03-24Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.5015 of 2015 RAJESH ... PETITIONER/ACCUSED - 3 Vs STATE REP.BY THE INSPECTOR OF POLICE THUCKALAY POLICE STATION, KANYAKUMARI DT, CRIME NO.1049/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SARAVANAN Advocate For Respondent : MR.P.KANDASAMY, 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.1049 of 2014, on the file of the respondent police for offence under Sections *147, 148, 294(b), 427, 448 and 506(i) of IPC and Section 4 of Women Harassment Act, the petitioner is now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl. side).

3. It is represented by the learned Government Advocate (crl. side) that the investigation has been completed and final report has been filed in this case showing this petitioner as absconding. It is also represented that the co-accused in this case has been arrested and released on bail.

4. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioner, but with conditions.

6. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/ Magistrate, Thuckalay on executing a separate 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 as and when required.

[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 24/03/2015 *(Amended as per order dated 30.04.2015 by MKKSJ) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO (Corrected order already despatched) 1 THE JUDICIAL MAGISTRATE, THUCKALAY.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE THUCKALAY POLICE STATION, KANYAKUMARI DT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SARAVANAN Advocate SR.No.24222

ORDER

IN CRL OP(MD) No.5015 of 2015 Date :24/03/2015 PA/26.03.2015/2P/6C SR/AMF : 21.05.2015 : 2p/6c https://hcservices.ecourts.gov.in/hcservices/