S.Sudalai v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.594 of 2015 1 S.SUDALAI 2 BALASUBRAMANIAN ... PETITIONERS/ACCUSED NOS.1&3 Vs THE STATE REP BY ITS THE SUB INSPECTOR OF POLICE SIVALAPERI POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.126/2013 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.SENTHILSANKARANATHAKUMAR Advocate For Respondent : M/S.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 offences punishable under Sections 341 and 307 of the Indian Penal Code in Crime No.126 of 2013 on the file of the respondent police, seek anticipatory bail.

2. It is seen that these petitioners were granted Anticipatory Bail, by order dated 07.11.2013 in Crl.OP.[MD].No.12792 of 2013. But, they have not furnished sureties and they have come out with the present petition seeking Anticipatory Bail on the ground that they were unable to arrange sureties, on account of their poverty.

3. Considering the above, this Court is inclined to grant Anticipatory Bail to the petitioners.

4. 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.III, Tirunelveli, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- each (Rupees ten thousand only) with one surety each for https://hcservices.ecourts.gov.in/hcservices/

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 twice a day at 10:30 in the morning and 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.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Judicial 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 Judicial 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/- 13/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE - III TIRUNELVELI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB INSPECTOR OF POLICE SIVALAPERI POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S.S.SENTHILSANKARANATHAKUMAR Advocate SR.No.1679 RL/6 C- 21/1/2015

ORDER

IN CRL OP(MD) No.594 of 2015 Date :13/01/2015 https://hcservices.ecourts.gov.in/hcservices/