Selvaraj v. The Sub Inspector Of Police

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.5340 of 2015 SELVARAJ ... PETITIONER/RANK NOT KNOWN Vs THE SUB INSPECTOR OF POLICE SELLUR POLICE STATION, LAW AND ORDER, MADURAI DISTRICT.

CR. NO.144 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUTHALRAJ 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 petitioner, who apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 341, 294(b), 506(i) IPC in Crime No.144 of 2015, seeks anticipatory bail.

2. It is the case of the prosecution that the de-facto complainant is one Thangaraj. It is alleged that the petitioner had agreed to vacate from a shop and he has gone back upon his agreement and therefore, when Thangaraj went to question him about it, the petitioner had abused and threatened the de-facto complainant. Taking into consideration the facts that no one is seriously injured and there is no previous case against the petitioner, I am inclined to grant anticipatory bail is granted to the petitioner, but with conditions.

3. 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, No.II, Madurai, 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 report before the respondent police everyday at 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation.

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[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]. [e] 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 NO.II, MADURAI.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE SUB INSPECTOR OF POLICE SELLUR POLICE STATION, LAW AND ORDER, MADURAI DISTRICT.

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

+1. CC to M/S.NA.PALANIYANDI, Advocate SR.No. 13852 SR : 25.03.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.5340 of 2015 Date :23/03/2015 https://hcservices.ecourts.gov.in/hcservices/