Gurusamy v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.8894 of 2015 1 GURUSAMY 2 KANAGARAJ ... PETITIONERS/ACCUSED NO.3 & 4 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE KURUVIKULAM POLICE STATION, TIRUNELVELI DIST.

CR.NO. 109/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.PRABHU 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 petitioners, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 294(b), 323, 324 and 506(ii) IPC in Crime No.109 of 2015, seek anticipatory bail.

2. It is represented that there are three previous case registered against the first petitioner/A3 and the injured had been discharged from the hospital.

3. The learned counsel for the petitioners seeks permission of this Court to withdraw this petition as far as the first petitioner is concerned. Accordingly, this petition is dismissed against the first petitioner/A3 as withdrawn.

4. Taking into consideration the facts and circumstances of the case, I am inclined to grant anticipatory bail to the 2nd petitioner, but with conditions.

5. Accordingly, the 2nd petitioner is ordered to be released on https://hcservices.ecourts.gov.in/hcservices/ 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, Sankarankoil, 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 2nd petitioner shall report before the respondent police as and when required for interrogation.

[b] the 2nd petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the 2nd 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 2nd 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/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SANKARANKOIL.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3 THE SUB INSPECTOR OF POLICE KURUVIKULAM POLICE STATION, TIRUNELVELI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.PRABHU Advocate SR.No.25094

ORDER

IN CRL OP(MD) No.8894 of 2015 Date :06/05/2015 PA/06.05.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/