Robert @ Mariya Robert 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.23000 of 2016 1 ROBERT @ MARIYA ROBERT 2 PRABHU 3 RUBAN 4 ALEXANDER 5 KUMAR 6 SUBASH 7 AROKIYADHAS 8 DEVASAHAYAM 9 JINO 10 KUTTANRAJ 11 BERMIN ... PETITIONERS 1 TO 11 / ACCUSED NOS.11 TO 21 Vs STATE REP. BY THE INSPECTOR OF POLICE PUTHUKADAI POLICE STATION, KANYAKUMARI DISTRICT CRIME NO.472/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.R.SREENIVASAN 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 324, 506(ii), 448 and 427 of the Indian Penal Code, in Crime No.472 of 2016 on the file of the respondent police, seek anticipatory bail.
2. Counsel for the petitioners is present and the learned Government Advocate (Criminal side) appearing for the State is also present. Heard both sides.
3. The learned counsel for the petitioners states that A-1 to A-10 were already granted anticipatory bail by this Court,
as per order dated 20.10.2016 in Crl.O.P.(MD)No.20142 of 2016. It is further stated that the petitioners herein are added as accused after sixteen days from the date of occurrence.
4. The learned Government Advocate (Criminal side) states that the injured was discharged from the hospital.
5. Considering the facts and circumstances of the case and also the fact that the injured was discharged from the hospital and the co-accused have already been released on anticipatory bail, this Court is 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 No.II, Kuzhithurai, on condition that each of 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 petitioners shall report before the Court concerned daily at 10:30 a.m., for a period of fifteen days and thereafter, as and when required by the respondent police 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].
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.II, KUZITHURAI 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE INSPECTOR OF POLICE PUTHUKADAI POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.R.SREENIVASAN Advocate SR.No.79378 GJM/SS2/SAR-I-8.12.16-2P-6C
ORDER
IN CRL OP(MD) No.23000 of 2016 Date :05/12/2016