Valliappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5959 of 2015 1 VALLIAPPAN 2 MUTHUKUMAR 3 MANISEKARAN 4 JEGANTHAN ... PETITIONERS/ ACCUSED NOS.3 TO 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KARUR DISTRICT.

CR. NO.11/2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.KAMESWARAN 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 405, 464 and 420 IPC in Crime No.11 of 2015 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the State.

3. It is seen that this Court in Crl.O.P.(MD) No.5959 of 2015 has granted anticipatory bail to the co-accused (A1 and A2) in this case by name Neelakandan and Veluchamy on 25.03.2015 by a well considered order after hearing the Intervenor. These petitioners are arrayed as A3 to A6 and are standing on the same footing as that of A1 and A2.

4. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioners. 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.1, Karur, on condition that each of 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 petitioners shall report before the respondent police as and when required for interrogation.

https://hcservices.ecourts.gov.in/hcservices/ [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 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].

sd/- 31/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I,KARUR.

2.DO THRO THE CHEIF JUDICIAL MAGISTRATE, KARUR. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, KARUR DISTRICT.

+1. CC to M/S.S.KAMESWARAN Advocate SR.No.16274

ORDER

IN CRL OP(MD) No.5959 of 2015 Date :31/03/2015 rg.01.04.2015 2p.6c.

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