Kasim v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.913 of 2015 1 KASIM 2 ALI 3 SAIT 4 FAIZEL ... PETITIONERS / ACCUSED RANK NOT KONWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE KADAYANALLUR POLICE STATION, TIRUNELVELI, CRIME NO.37/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.M.A.JINNAH Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, 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, 324 and 506(ii) of the Indian Penal Code in Crime No.37 of 2015 on the file of the respondent police, seek anticipatory bail.

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

3. Considering the facts and the injured has 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, Tenkasi, 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 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 Tiruchendur and report before the Taluk Police Station, Tiruchendur twice a day at 10:30 in the morning and 06:30 in the evening 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.

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

The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioners are complying with the order or not. sd/- 02/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,TENKASI, 2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE KADAYANALLUR POLICE STATION, TIRUNELVELI.

5.THE OFFICER INCHARGE, TIRUCHENDUR TALUK POLICE STATION, TIRUCHENDUR. +1. CC to M/S.S.M.A.JINNAH Advocate SR.No.4829

ORDER

IN CRL OP(MD) No.913 of 2015 Date :02/02/2015 rg.04.02.2015 2p.7c.

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