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Madras High CourtCRL OP(MD)/657/2015allowed

Dhayalan, v. The Inspector Of Police,

2015-01-19Honourable Mr Justice P. N. Prakash2 pages

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.657 of 2015 1 DHAYALAN, 2 ARUNKOTTAI, 3 VICKY ALIAS VINAYAGAM, ... PETITIONERS/ ACCUSED 1 to 3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.20 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SATHYA CHIDAMBARAM 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.20 of 2015, on the file of the respondent police for offences under Sections 294(b), 324 and 506(ii) IPC, the petitioners are now before this Court seeking Anticipatory Bail.

2. It is the case of the prosecution that due to family dispute, the petitioners have attacked the de-facto complainant with knife.

3. It is represented by the learned Government Advocate (Crl. Side) that the injured had been discharged from the hospital and there is no previous case against these petitioners. Under such circumstances, I am inclined to grant anticipatory bail to the petitioners, but with conditions.

4. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, No.I, Sivagangai, on their executing a separate 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, https://hcservices.ecourts.gov.in/hcservices/

(a) the petitioners shall stay at Madurai and report before the Tallakulam police Station every day, twice, i.e. at 10.30 a.m. and 6.30 p.m., 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 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, NO.I, SIVAGANGAI. 2 -Do- Through THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

5. THE OFFICER INCHARGE, TALLAKULAM POLICE STATION, MADURAI +1. CC to M/S.S.SATHYA CHIDAMBARAM Advocate SR.No. 2190. TS/20.01.2015/2P-7C

ORDER

IN CRL OP(MD) No.657 of 2015 Date :19/01/2015 https://hcservices.ecourts.gov.in/hcservices/