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Madras High CourtCRL OP(MD)/5212/2015allowed

Madhumathi v. Sub Inspector Of Police

2015-03-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5212 of 2015 1 MADHUMATHI 2 MARIAPPAN 3 PARASATH @ GURPRASATH 4 RUBAK 5 MATHI 6 MALA ... PETITIONERS / ACCUSED 1 TO 6 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE MAYANOOR POLICE STATION, KARUR DIST.

(CRIME NO. 146 OF 2014) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.R.LAXMAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294 (b), 355, 323 and 506(ii) of the Indian Penal Code in Crime No.146 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel appearing for the petitioners would submit that on account of wordy quarrel, the present case has been registered.

3. Considering the above, I am inclined to grant Anticipatory Bail to the petitioners. Accordingly, the petitioners are 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, No.II, Kulithalai, on condition that the petitioners 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 petitioners shall report before the respondent police daily at 06:30 in the evening for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[c] the petitioners 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].

The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioners are complying with the order or not. sd/- 20/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISRATENO.II,KULITHALAI.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE SUB INSPECTOR OF POLICE MAYANOOR POLICE STATION,KARUR DIST.

+1. CC to M/S.K.R.LAXMAN Advocate SR.No.14039

ORDER

IN CRL OP(MD) No.5212 of 2015 Date :20/03/2015 rg.24.03.2015 2p.6c https://hcservices.ecourts.gov.in/hcservices/