Madras High CourtCRL OP(MD)/5567/2015allowed

P. Vallinayagam v. The Inspector Of Police

2015-03-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5567 of 2015 P.VALLINAYAGAM ..PETITIONER/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.186/2014 ..RESPONDENT/COMPLAINANT For Petitioner : M/S. JACOB AND JACOB ASSOCIATE 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 an alleged offence punishable under Sections 294(b), 324 and 506(ii) of IPC in Crime No.186 of 2014, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.

3. The learned Government Advocate(Crl. Side) submits that injured has been discharged from the hospital and there is one previous case against the petitioner in Crime No.166 of 2014.

4. Under such circumstances, anticipatory bail is granted to the petitioner. 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, Nanguneri 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 Trichy and report before the cantonment police station daily twice morning at 10.30 a.m., and evening at 5.30 p.m., for a period of two weeks and thereafter appear before the respondent police 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 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].

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[e] The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl. Side), whether the petitioner is complying with the order or not. sd/- 25/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

5 THE INSPECTOR OF POLICE, TRICHY CONTONMENT POLICE STATION, TRICHY. ORDER IN CRL OP(MD) No.5567 of 2015 Date :25/03/2015 PBK 30/03/2015 ::2P-6C:

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