K.Jeyabalan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.15353 of 2016 1 K.JEYABALAN 2 M.MUTHUKUMARAN 3 VEERANAN 4 KUMARANDI ... PETITIONERS/ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE, AVIYOOR POLICE STATION, VIRUDHUNAGAR DISTRICT CRIME NO. 58 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.JANUSANKAR Advocate For Respondent : MR.P.KANNITHEVAN, Govt. 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, apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Sections 174 @ 302 and 201 I.P.C., in Crime No.58 of 2016 on the file of the respondent Police and hence, seek anticipatory bail.
2.The case of the prosecution is that the de facto complainant namely, Village Administrative Officer has lodged a complaint with regard to suspecious death of one Kachammal.
3.The case of the petitioners is that the petitioners are inlaws of the deceased and they are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and prays for anticipatory bail in favour of the petitioners.
4.The learned Government Advocate (Crl.Side) filed a status report and submitted that the petitioners buried the body of the deceased without informing the death of the deceased namely, Kachammal to the Police and officials concerned. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, they are ordered to be https://hcservices.ecourts.gov.in/hcservices/
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 No.II, Virudhunagar District, 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 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 daily at 10.30 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].
6.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/- 29/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLPUTHUR.
3 THE INSPECTOR OF POLICE, AVIYOOR POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.JANUSANKAR Advocate SR.No.47861
ORDER
IN CRL OP(MD) No.15353 of 2016 Date :29/08/2016 CSL/SS-2/SAR-III/01.09.2016: 2P/6C https://hcservices.ecourts.gov.in/hcservices/