Madras High CourtCRL OP(MD)/817/2015allowed

N. Karikalan v. The Inspector Of Police

2015-01-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.817 of 2015 1 N. KARIKALAN 2 N. VARADHARAJAN.

..PETITIONERS/ACCUSED 2 & 3 Vs.

STATE REP.BY THE INSPECTOR OF POLICE SIKKAL POLICE STATION, SIKKAL, RAMANATHAPURAM DISTRICT.

CRIME NO.77/2014 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.G.THIAGARAJAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government 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 294(b), 323, 324, 506(ii) r/w 307 of Indian Penal Code in Crime No.77 of 2014 on the file of the respondent police, seek anticipatory bail.

2. It is alleged that the petitioners had attacked the defacto complainant with stick.

3. It is represented by the learned Government Advocate (Criminal Side) that the injured has been discharged from the hospital and there is no previous case as against these petitioners.

4. Considering the facts and the injured had already been discharged from hospital and that the petitioners have no previous antecedent, I am 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, Muthukulathur, on condition that the petitioners shall execute 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: [a] the petitioners shall stay at Sivagangai and report before the Sivagangai Taluk Police Station twice a day daily at 10:30 a.m., in the morning and 06:30 p.m., in the evening for a period of three 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 https://hcservices.ecourts.gov.in/hcservices/

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/- 22/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MUTHUKULATHUR, RAMANATHAPURAM DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, SIKKAL POLICE STATION, SIKKAL, RAMANATHAPURAM DISTRICT.

5 THE INSPECTOR OF POLICE, SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI. +1. CC to M/S.G.THIAGARAJAN Advocate SR.No.3358 ORDER IN CRL OP(MD) No.817 of 2015 Date :22/01/2015 PBK 27/01/2015 ::2P-7C:

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