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Madras High CourtCRL OP(MD)/787/2015allowed

Sankar v. The Inspector Of Police

2015-01-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.787 of 2015 SANKAR ... PETITIONER/ACCUSED-2 Vs THE STATE REP BY THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DT, CRIME NO.22/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.K.RAJENDRAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 506(i) IPC in Crime No.22 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. It is alleged that there was a wordy quarrel between the petitioner and the defacto complainant.

3. It is represented by the learned Government Advocate (Crl.Side) that injured has been discharged from the hospital and no previous case is pending against this petitioner.

4. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is 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 learned Judicial Magistrate No.I, Kovilpatti, Tuticorin District, on condition that 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 petitioner shall stay at Tirunelveli and report before Tirunelveli Junction Police Station daily twice at 10.30 a.m and 5.30 p.m for a period of two weeks and thereafter as and when required for interrogation.

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[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner 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 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]. sd/- 20/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, KOVILPATTI 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI 4 THE INSPECTOR OF POLICE, TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.K.RAJENDRAN Advocate SR.No.2251

ORDER

IN CRL OP(MD) No.787 of 2015 Date :20/01/2015 NA/21/01/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/