Kandasamy v. The 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.8917 of 2015 1 KANDASAMY 2 MANIKANDAN 3 RAJESWARI 4 SARASWATHI ... PETITIONERS / ACCUSED NO.1 TO 4 Vs THE STATE REP THE INSPECTOR OF POLICE, MAYANOOR POLICE STATION, MAYANOOR, KARUR DT, CRIME NO.118/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.KARTHICK 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 the alleged offence punishable under Sections 294(b), 323 & 506(i) of IPC in Crime No.118 of 2015 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the State. 3.This is a case and counter and the counter is Crime No.117 of 2015.

4. It is represented by the learned Government Advocate (Crl. Side) that injured has been discharged from the hospital in both the cases.

5. Considering the facts and circumstances of the case, 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 No.II, Kuzhithalai, on condition that 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 https://hcservices.ecourts.gov.in/hcservices/

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 1 and 2 shall report before the respondent police daily at 6.30 p.m., for a period of two weeks and thereafter as and when required for interrogation and the petitioners 3 and 4 shall report before the respondent police 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 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]. [e] The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate (Crl. Side), as to whether the petitioners are complying with the condition or not.

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 NO.II,KUZHITHALAI.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, MAYANOOR POLICE STATION, MAYANOOR, KARUR DISTRICT. +1. CC to M/S.S.KARTHICK Advocate SR.No.25115

ORDER

IN CRL OP(MD) No.8917 of 2015 Date :06/05/2015 RG.07.05.2015 2P.6C.

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