Kathammal v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of January Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.1603 of 2016 1 KATHAMMAL 2 VANI ... PETITIONERS/ACCUSED NOS.1&2 Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE GUDALUR NORTH POLICE STATION,GUDALUR, THENI DISTRICT.

(CRIME NO.16 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.SUNDARA PANDIAN Advocate For Respondent : M/S.S.PRABHA,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323,506(i) of IPC, in Crime No.16 of 2016, on the file of the respondent police, seek anticipatory bail. 2.It is represented by the learned Government Advocate (Crl.Side) that on 24.01.2016 due to the property dispute among the family members of the petitioners and the defacto complainant, the petitioners attacked the defacto complainant.

3. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners 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, Uthamapalayam, on condition that 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the first petitioner shall report before the respondent police as and when required for interrogation and the second petitioner shall report before the respondent police daily at 10.30 https://hcservices.ecourts.gov.in/hcservices/

a.m., in the morning for a period of one week and thereafter as and when required for interrogation.

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

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

[d] 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]. The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not.

7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 29/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB INSPECTOR OF POLICE GUDALUR NORTH POLICE STATION, GUDALUR, THENI DISTRICT.

+1. CC to M/S S.SUNDARA PANDIAN Advocate SR.No.5321 RL/6C/AAL/MPA/ARII/2/2/2016

ORDER

IN CRL OP(MD) No.1603 of 2016 Date :29/01/2016 https://hcservices.ecourts.gov.in/hcservices/