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Madras High CourtCRL OP(MD)/1674/2016ordered

Karnan v. The Sub Inspector Of Police

2016-01-29Honourable Mr Justice S. Vaidyanathan2 pages

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.1674 of 2016 KARNAN ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE PATTIVEERANPATTI POLICE STATION, PATTIVEERANPATTI, DINDIGUL DISTRICT.

(CRIME NO. 13 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S J.LAWRANCE Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(ii) of the Indian Penal Code in Crime No.13 of 2016, on the file of the respondent police, seeks anticipatory bail.

2. It is represented by the learned Government Advocate (Crl.Side) that injured has been discharged from the hospital.

3. Considering the fact that the injured has already been discharged from hospital, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is 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, Nilakkottai 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

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

[c] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court https://hcservices.ecourts.gov.in/hcservices/

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 petitioner 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,NILAKKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE,DINDUGAL DISTRICT. 3 THE SUB INSPECTOR OF POLICE PATTIVEERANPATTI POLICE STATION, PATTIVEERANPATTI,DINDIGUL DISTRICT.

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

+1. CC to M/S J.LAWRANCE Advocate SR.No.5646

ORDER

IN CRL OP(MD) No.1674 of 2016 Date :29/01/2016 GJM/GSV/AN/AR-II-1.2.16-2P-6C https://hcservices.ecourts.gov.in/hcservices/