Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.5667 of 2015 RAJA ... PETITIONER/ACCUSED NO.4 Vs STATE REP.BY THE INSPECTOR OF POLICE VALLIYOOR POLICE STATION, TIRUNELVELI.

CR. NO.319/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.R.ANBARASU 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 the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC in Crime No.319 of 2014, on the file of the respondent police, seeks anticipatory bail.

2. It is alleged that the incident is said to have taken place in a temple festival. The learned Government Advocate (Criminal side) represents that the investigation has been completed and final report has been filed and the same was taken on file as C.C.No.56 of 2015 by the learned Magistrate concerned. It is also represented that there is no previous case against this petitioner.

3. Taking into consideration the fact that investigation has been completed and charge sheet has been filed, this Court is inclined to grant anticipatory bail 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, Valliyoor, 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 https://hcservices.ecourts.gov.in/hcservices/ 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 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 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]. sd/- 26/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE VALLIYOOR POLICE STATION, TIRUNELVELI.

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

+1. CC to M/S.S.R.ANBARASU Advocate SR.No.15044

ORDER

IN CRL OP(MD) No.5667 of 2015 Date :26/03/2015 PA/27.03.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/