P.Jeyalakshmi, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13602 of 2016 1 P.JEYALAKSHMI 2 M.PACKIAM ... PETITIONERS/ACCUSED Nos.A1 & A2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT.
CRIME NO.316/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R. SENTHIL KUMAR Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as Accused Nos.1 and 2, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 506(i) read with 109 IPC, in Crime No.316 of 2016 on the file of the respondent police and hence, seek anticipatory bail. 2.
It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and they have been falsely implicated in this case and the first petitioner is a Post Graduate Teacher working at Chinnapallam Villlage, Mandapam Taluk, Ramanathapuram District and the second petitioner is the father of the first petitioner and prays for anticipatory bail in favour of the petitioners. 3.It is submitted by the learned Government Advocate (Crl.Side) that the injured person had already been discharged from the hospital.
4.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. https://hcservices.ecourts.gov.in/hcservices/
Accordingly, they 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, Srivilliputhur, on condition that each of 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the petitioners shall report before the respondent Police weekly twice i.e., on every Sunday and Saturday at 10.00 a.m. until further orders.
(ii)the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioners 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 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].
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 petitioners are complying with the conditions or not.
sd/- 04/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SRIVILLIPUTHUR 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT 3 THE INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R. SENTHILKUMAR Advocate SR.No.41821 ORDER IN CRL OP(MD) No.13602 of 2016 Date :04/08/2016 smn SH/ARK-PV/SAR-I:08.08.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/