K. Yasin v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.20819 of 2016 K. YASIN ... PETITIONER / ACCUSED No.1 Vs THE INSPECTOR OF POLICE, DINDIGUL SOUTH POLICE STATION, DINDIGUL DISTRICT (CRIME NO.650 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.VENKATESAN 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 :- Apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323,147,148,506(ii)I.P.C in Crime No.650 of 2016 on the file of the respondent Police, the petitioner has come forward with this petition seeking anticipatoy bail.

2 Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondent police. 3 The case of the prosecution is that the petitioner and others attacked the defacto complainant with iron rod and abused her in filthy language.

4 According to the learned counsel for the petitioner, the petitioner is studying 2nd year B.A.English Literature and he is a student of K.P. National College, Batlagundu and he is innocent of the offence alleged against him. Further according to him, semester examinations are going to commence on 03.11.2016 onwards. 5 Learned Government Advocate(Crl.Side) submitted that investigation is pending.

6 Considering the nature of the offence and the fact that the petitioner is a college going student, the petitioner is ordered to be released on bail in the event of his arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this

order, before the Judicial Magistrate No.III, Dindigul, subject to the following conditions:

(i) 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 Magistrate concerned; (ii)the petitioner shall attend the classes in the college regularly and shall appear before the respondent police, as and when required and he shall not leave Tamil Nadu without prior permission of the Trial court.

(iii) The Principal of K.P.National College, Batlagundu is directed to send the Attendance Register in respect of the petitioner once in three months to the Registrar Judicial of the Madurai Bench of Madras High Court, Madurai without fail.

(iv) the petitioner shall not tamper with evidence or witness either during investigation or trial; (v) the petitioner shall not abscond either during investigation or trial;

(v) on breach of any of the aforesaid conditions, the 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 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].

sd/- 02/11/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.III DINDIGUL 2 THE CHIEF JUDICIAL MAGISTRATE DINDIGUL

3 THE INSPECTOR OF POLICE, DINDIGUL SOUTH POLICE STATION, DINDIGUL DISTRICT 4 THE PRINCIPAL K.P.NATIONAL COLLEGE, BATLAGUNDU 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.VENKATESAN Advocate SR.No.65057 COPY TO:

THE REGISTRAR JUDICIAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI JAM/07.11.16/SKS-RR/SAR-3 /3P-8C

ORDER

IN CRL OP(MD) No.20819 of 2016 Date :02/11/2016