Ramu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of March Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.5743 of 2015 RAMU ... PETITIONER/ACCUSED NO.5 Vs THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT.
CR. NO.72/2015.
... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.MAHESWARAN 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 147, 148, 323, 324 and 307 of Indian Penal Code in Crime No.72 of 2015 on the file of the respondent police, seeks anticipatory bail.
2. It is the case of the prosecution that this petitioner along with the co-accused had attacked the defacto complainant on 08.03.2015, on account of a wordy quarrel in the Wine Shop.
3. It is seen that the co-accused in this case have been granted regular bail by the learned Principal Sessions Judge, Madurai, in Crl.M.P.No.2520 of 2015, on 25.03.2015 and the injured has also been discharged from the hospital.
4. Since the allegation against this petitioner is not very serious, 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 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 daily at 06.30 p.m., for a period of four weeks and thereafter, as and when required for interrogation.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[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 a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioner is complying with the order or not.
sd/- 27/03/2015 / 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 INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.MAHESWARAN Advocate SR.No. 15233 SR : 30.03.2015 : 2P/6C
ORDER
IN CRL OP(MD) No.5743 of 2015 Date :27/03/2015 https://hcservices.ecourts.gov.in/hcservices/