Chinnadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2214 of 2016 CHINNADURAI ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE MANIKANDAM POLICE STATION, TRICHY.

(IN CRIME NO. 26 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.SIVABALAN Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate 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 offences punishable under Sections 379, 506(i) IPC and Section 4 of TNPPDL Act, in Crime No.26 of 2016 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side).

3. Considering the facts and circumstances of the case, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioner.

4. 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 No.IV, Tiruchirapalli, 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 conditions that:

[a] the petitioner shall appear before the respondent police daily at 06.30 p.m. for a period of two weeks and thereafter, as and when required for interrogation.

https://hcservices.ecourts.gov.in/hcservices/ [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 Judicial 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 petitioners released on bail by the learned Judicial 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]. [e] The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl.Side) whether the petitioner is complying with the order or not. sd/- 08/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV TIRUCHIRAPALLI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE TRICHY 3 THE INSPECTOR OF POLICE MANIKANDAM POLICE STATION, TRICHY.

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

+1. CC to M/S K.SIVABALAN Advocate SR.No.7508

ORDER

IN CRL OP(MD) No.2214 of 2016 Date :08/02/2016 AM/10.02.2016/SK.SKN/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/