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Madras High CourtCRL OP(MD)/12647/2016ordered

Pechikkutti, v. The Sub Inspector Of Police,

2016-07-25Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12647 of 2016 PECHIKKUTTI ... PETITIONER / SOLE ACCUSED Vs STATE REB.BY THE SUB INSPECTOR OF POLICE, SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.127 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.SUNDARA PANDIAN Advocate For Respondent : M/S.P.KANNITEHVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 427, 506(ii) of IPC, in Crime No.127 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence and they have been falsely implicated in this case and prays for anticipatory bail in favour of the petitioner.

3.The learned Government Advocate (Crl.Side) submitted that the petitioner is having six previous cases and he is History Sheeted in H.S.No.35 of 2016.

4.Considering the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner 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 No.III, Tirunelveli, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate https://hcservices.ecourts.gov.in/hcservices/

concerned and on further condition that:

(i) the petitioner shall report before the respondent Police daily twice at 10.00 a.m., and 5.00 p.m., until further orders.

(ii)the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioner shall not abscond either during investigation or trial.

(iv)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].

5.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 25/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 DO THRO THE CHIFE JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT. 3 THE SUB INSPECTOR OF POLICE, SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S S.SUNDARA PANDIAN Advocate SR.No.39485

ORDER

IN CRL OP(MD) No.12647 of 2016 Date :25/07/2016 SDR/ARK-PV/SAR III/27.07.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/