Senthil Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.927 of 2015 SENTHIL KUMAR ... PETITIONER/SOLE ACCUSED Vs STATE.REP.BY THE INSPECTOR OF POLICE ANTIPATTI POLICE STATION, THENI DISTRICT.

CR. NO. 582/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.MURUGAPPAN 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 448, 294(b), 323 and 506(ii) of Indian Penal Code in Crime No.582 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. It is seen that the petitioner was granted anticipatory bail earlier by this Court in Crl.O.P.(MD)No.19176 of 2014, on 28.10.2014, on condition that he should execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties to the satisfaction of the learned Judicial Magistrate, Antipatti. Today, the petitioner has filed an affidavit stating that the petitioner was not able to arrange the sureties for complying with the earlier order and now the sureties are ready.

3. Taking into account the affidavit on record and accepting the submission made by the learned counsel appearing for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on 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, Antipatti, Theni District, 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 petitioner shall report before the Court concerned daily at 10.30 a.m., until further orders.

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

[c] the petitioner shall not abscond either during investigation or trial.

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[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 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/- 28/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI,THENI DISTRICT.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE INSPECTOR OF POLICE ANTIPATTI POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.R.MURUGAPPAN Advocate SR.No.3837

ORDER

IN CRL OP(MD) No.927 of 2015 Date :28/01/2015 PA/30.01.15/2P/6C https://hcservices.ecourts.gov.in/hcservices/