C.Ravi, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.22955 of 2016 C.RAVI, ... PETITIONER /SOLE ACCUSED Vs THE STATE OF TAMIL NADU THROUGH THE INSPECTOR OF POLICE, SUCHINDRAM POLICE STATION, SUCHINDRAM POLICE STATION, KANYAKUMARI DISTRICT.
CRIME NO.466/201 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.TAMIL NIDHI Advocate For Respondent : MR.P.KANDASAMY 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 offences punishable under Sections 448, 294(b), 307 and 506(ii) of the Indian Penal Code, in Crime No.466 of 2016 on the file of the respondent police, seeks anticipatory bail.
2. The learned counsel for the petitioner states that the present case is foisted against the petitioner on false allegation.
3. The learned Government Advocate (Criminal side) raised an objection stating that the petitioner has attempted to pour the petrol upon the de facto complainant and his wife and it is further admitted that nobody is injured in the alleged occurrence.
4. Considering the above facts and circumstances of the case and also the fact that nobody sustained injury in the occurrence, 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 Court No.III, Nagercoil, 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:
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[a] the petitioner shall report before the respondent police daily at 10:30 a.m., until further orders.
[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 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 a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioner is complying with the order or not.
sd/- 05/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL 2 THE CHIEF JUDICIAL MAGSTRATE KANYAKUMARI AT NAGERCOIL 3 THE INSPECTOR OF POLICE, SUCHINDRAM POLICE STATION, SUCHINDRAM POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.B.TAMIL NIDHI Advocate SR.No.79228 GJM/SS2/SAR-I-8.12.16-2P-6C
ORDER
IN CRL OP(MD) No.22955 of 2016 Date :05/12/2016 https://hcservices.ecourts.gov.in/hcservices/