Parthasarathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.640 of 2015 1 PARTHASARATHY 2 VARDHAN 3 BOOMINATHAN 4 PANNEERSELVAM 5 PRABU 6 MARIMUTHU 7 PRABAKARAN 8 SHANMUGAM ... PETITIONER(S) / ACCUSED 1 to 8 Vs THE STATE REP. BY THE INSPECTOR OF POLICE JEYAMANGALAM POLICE STATION, THENI DISTRICT.

CR. NO.133/2014, ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.PITCHAIMUTHU Advocate For Respondent : Mr.A.P.Balasurbramani Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.133 of 2014, on the file of the respondent police for offences under Sections 147, 353, 294(b) and 506(i), the petitioners are now before this Court seeking Anticipatory Bail.

2. The de-facto complainant in this case is a Police Constable. Since the allegations are not very serious and as there is no previous cases against these petitioners, I am inclined to grant anticipatory bail to these petitioners, but with conditions.

3. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Periyakulam, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with each one surety 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 stay at Madurai and report before K.Pudur police Station every day, twice, i.e. on 10.30 a.m. and 6.30 p.m., for a period of two weeks and thereafter, 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/- 19/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM.

2 -Do- Through THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE JEYAMANGALAM POLICE STATION, THENI DISTRICT.

+1. CC to M/S.M.PITCHAIMUTHU Advocate SR.No. 2188. TS/20.01.2015/2P-6C

ORDER

IN CRL OP(MD) No.640 of 2015 Date :19/01/2015 https://hcservices.ecourts.gov.in/hcservices/