Celine Joseph v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1356 of 2016 CELINE JOSEPH ... PETITIONER/ACCUSED NO.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE E-PUDUR POLICE STATION, TRICHY CITY.

(CRIME NO. 23 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : MR.C.MAYIL VAHANA RAJENDRAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under 21(1) of Mines and Minerals Act, 1957 r/w Section 3 of Indian Explosives Substance Act, 1908, in Crime No.23 of 2016, on the file of the respondent Police, seeks anticipatory bail.

2. Heard Mr.B.Jameel Arasu, learned counsel appearing for the petitioner / 1st Accused and Mr.C.Mayil Vahana Rajendarn, learned Additional Public Prosecutor appearing for the State.

3. Taking into consideration the nature of allegations made against the petitioner / 1st Accused, this Court is of the view that this a fit case to grant anticipatory bail to the petitioner / 1st Accused. Accordingly, she is ordered to be released on bail in the event of arrest or on her 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, Trichy City, on condition that the petitioner / 1st Accused 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 concerned and on further condition that: (i) the petitioner / 1st Accused shall report before the respondent Police as and when required for interrogation.

(ii) the petitioner / 1st Accused shall not tamper with evidence or witness either during investigation or trial.

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(iii) the petitioner / 1st Accused 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 / 1st Accused in accordance with law as if the conditions have been imposed and the petitioner / 1st Accused 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].

4. 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/- 04/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY CITY.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

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

4 THE INSPECTOR OF POLICE E-PUDUR POLICE STATION, TRICHY CITY.

+1. CC to M/S B.JAMEEL ARASU Advocate SR.No.7378 akm/08.02.2016/ 2p-6c/SKN/SK/SAR-I

ORDER

IN CRL OP(MD) No.1356 of 2016 Date :04/02/2016 https://hcservices.ecourts.gov.in/hcservices/