Kandhasamy, S/O. Madasamy, v. The State By The Inspector

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.8980 of 2015 1 KANDHASAMY 2 SELVAM, 3 ASHOK, 4 RAMESH, ... PETITIONERS/ACCUSED 1 TO 4 Vs THE STATE REP BY THE INSPECTOR OF POLICE, KUTTRALAM POLICE STATION, TIRUNELVELI DISTRICT (CRIME NO.147/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.D.VENKATESH Advocate For Respondent : M/S.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 and 506(ii) IPC in Crime No.147 of 2015, seek anticipatory bail.

2. It is the case of the prosecution that there was a wordy quarrel between the petitioners and defacto complainant and due to that the petitioners had allegedly attacked the de-facto complainant by using hands.

3. It is represented that the injured had been discharged from the hospital and there is no previous case as against the petitioners. Taking into consideration the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, but with conditions.

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

before the learned Judicial Magistrate, Senkottai, on condition that each of 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 petitioners shall report before the respondent Police Station everyday at 6.30 p.m. for a period of two 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 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 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, SENKOTTAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, KUTTRALAM POLICE STATION, TIRUNELVELI DISTRICT +1. CC to M/S.D.VENKATESH Advocate SR.No.25128 RL/6 C- 7/5/2015

ORDER

IN CRL OP(MD) No.8980 of 2015 Date :06/05/2015 https://hcservices.ecourts.gov.in/hcservices/