Michael Savior Raj v. The State

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12173 of 2016 1 MICHAEL SAVIOR RAJ 2 ARUL GODWIN 3 ALBERT 4 MARIA DEVADHASAN @ DURAI 5 THOMAS 6 ANTHONYSAMY 7 EDISON 8 MOTCHAM 9 SIMON ... PETITIONERS/ACCUSED 1,2,3,5 TO 10 Vs THE STATE BY THE INSPECTOR OF POLICE, AYAKUDI POLICE STATION, TIRUNELVEL DISTRICT, CRIME NO.104 OF 2016 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S D.VENKATESH, ADVOCATE FOR RESPONDENT : Mr.P.KANNITHEVAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as Accused Nos.1,2,3,5 to 10, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 143 and 188 of IPC, in Crime No.104 of 2016, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and prays for anticipatory bail in favour of the petitioners. 3.It is submitted by the learned Government Advocate (Crl.Side) that the investigation is pending.

4.Considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, they are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from https://hcservices.ecourts.gov.in/hcservices/

the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tenkasi, on condition that each of the petitioners 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioners shall report before the respondent Police daily twice at 10.00 a.m., and 5.00 p.m., until further orders.

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners 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 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].

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

sd/- 20/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, TENKASI.

2. THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, AYAKUDI POLICE STATION, TIRUNELVEL DISTRICT,

4. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+ 1 CC TO MR.D.VENKATESH, ADVOCATE IN SR No. 38651 ORDER IN CRL OP(MD) No.12173 of 2016 AM Date :20/07/2016 TE/AAL-MPA/SAR-II : 25/07/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/