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Madras High CourtCRL OP(MD)/10922/2016granted

Praveen Kumar v. The Inspector Of Police

2016-07-04Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10922 of 2016 PRAVEEN KUMAR ... PETITIONER / ACCUSED RANK NOT KNOWN Vs The State represented by THE INSPECTOR OF POLICE WEST TOWN POLICE STATION, DINDIGUL,DINDIGUL DISTRICT, CR NO. 185/2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S L.GEORGE PAUL ANATO Advocate For Respondent : Mr.P.Kannithevan, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 387 and 506(i) of IPC, in Crime No.185 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Further, the petitioner has already filed Crl.O.P(MD)No.7193 of 2016 for anticipatory bail before this Court and this Court vide order dated 27.04.2016, granted anticipatory bail to him. He could not produce the sureties before the learned Judicial Magistrate due to financial crisis. Hence, the petitioner has come up with the present petition. 3.Heard the learned Government Advocate (Criminal side). 4.Considering the facts and circumstances of the case and also the considering fact that this Court has already granted anticipatory bail to the petitioner vide order dated 27.04.2016 made in Crl.O.P(MD)No.

7193 of 2016, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner 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 https://hcservices.ecourts.gov.

learned Judicial Magistrate No.I, Dindigul, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall report before the respondent Police daily at 6.30 p.m. until further orders. (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(iv) 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].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 04/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, DINDIGUL 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE INSPECTOR OF POLICE WEST TOWN POLICE STATION, DINDIGUL,DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S L.GEORGE PAUL ANATO Advocate SR.No.35333 sm:PEK:SAR II:11.07.2016:2P/6C

ORDER

IN CRL OP(MD) No.10922 of 2016 Date :04/07/2016 https://hcservices.ecourts.gov.in/hcservices/